GURBHEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. for converting the present bail application into a criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Notice of the application to the Advocate General, Punjab. CRM No. M 18932 of 2009 (O&M) 2 Mr. Sandeep Moudgil, DAG, Punjab accepts notice on behalf of State.

(2.) Facts of the case are that the petitioners were all juveniles who were arrested between 10.08.2008 and 26.08.2008. Their bail application was dismissed by the Juvenile Justice Board vide order dated 03.10.2008. Ordinarily, the appeal was competent in the matter under Section 52 of the the Juvenile Justice (Care and Protection of Children) Act, 2000. However, the same was not availed of. The said appeal was required to be filed within 30 days of passing of the order. The stipulated period has lapsed. Accordingly, the present application has been filed with a prayer that the present bail petition be converted into a criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

(3.) Reliance has been placed on the judgement of Hardip Singh v. State of Punjab reported as 2002(1) CRC (Criminal) 401, wherein, in similar circumstances, the petition under Section 439 Cr.P.C. was treated as revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000.