J Vs. STATE

JUDGEMENT

(1.) The instant revision under Sec. 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, hereinafter referred to as the "Juvenile Justice Act") has been preferred by the accused petitioner, being a child in conflict with law (for short, hereinafter referred to as "CICL"). The petitioner was confined in connection with FIR No. 162/2020 registered at Police Station Sadar, District Bhilwara for the offence under Sec. 379 IPC and is lodged at the Observation Home, Juvenile Justice Board, Bhilwara. The bail application preferred on his behalf by his natural guardian (mother) under Sec. 12 of the Juvenile Justice Act stands rejected by the Principal Magistrate, Juvenile Justice Board, Paladi, Bhilwara by order dtd. 19/6/2021. The appeal preferred against the said order under Sec. 101 of the Juvenile Justice Act also stands rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Bhilwara by order dtd. 24/6/2021. These two orders are assailed by the petitioner through his natural guardian in this revision preferred under Sec. 102 of the Juvenile Justice Act. Issue notice to the respondent No.l-State only.

(2.) Learned Public Prosecutor has raised a preliminary objection that the revision cannot be decided in absence of notice to the complainant respondent No.2 Bharat Kumar.

(3.) I have considered the said submission in light of the relevant legal provisions. It may be stated here that Ss. 12, 101 and 102 of the Juvenile Justice Act are the provisions dealing with the prayer for bail made on behalf of the CICL at different stages. These provisions are quoted herein below for the sake of convenience :-