XYZ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application is filed under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as "JJ Act" for the brevity). The child in conflict with law, impugns order dtd. 27/4/2022 by Juvenile Justice Board as well as the order dtd. 16/8/2022 passed by the Sessions Judge, Beed in Criminal appeal No. 60 of 2022, by which a prayer of the applicant/CCL (for short "CCL") for his release on bail from the custody of the Observation Home, Beed, in connection with Cr.No. 443 of 2021, registered with Police Station Shivajinagar, Beed, for the offences punishable under Ss. 302, 109, 114 r/w 34 of the Indian Penal Code (for short "I.P.C.") has been rejected.

(2.) The applicant/CCL has been apprehended in pursuance of Crime No. 443 of 2021, registered on the information given by Shaikh Saajed Shaikh Sattar, who is the brother of the deceased. It is alleged that on 14/12/2021, at about 3.30 p.m., the informant received a telephonic message that his brother namely Saheed had been encircled by the accused persons and they were beating him. The mother of the accused Mohansingh was instigating the assailants. Accused Mohansingh raised assault of knife but was dogged by the Shaikh Shaheed. However, the applicant/CCL stabbed on his stomach. On such message the informant reached to the Government Hospital, where Doctor declared Shaikh Saheed to be dead. Accordingly, an offence came to be registered against the applicant/CCL, accused Mohansingh and his mother. The applicant/CCL has been apprehended and produced before the Juvenile Justice Board (JJB) on 15/12/2021. The bail application of the applicant/CCL came to be rejected. The Criminal Appeal No. 60 of 2022 that was filed before the Sessions Court, is also rejected by order dtd. 16/8/2022, hence this revision.

(3.) Mr. Gandle, learned Advocate appearing for the applicant/CCL (for short "CCL") submits that the CCL was aged about 14 years at the time of incident and he has been sent in observation home at Beed since 15/12/2021. However, for no good reasons his prayer for release on bail has been rejected, dehors object and scope of the enabling provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015.