Decided on April 19,2007

SUNIL OJHA Appellant


- (1.) This petition raises the question of whether a juvenile in conflict with law would be entitled to set-off of the period of detention undergone by him during inquiry against the period of confinement consequent upon an order passed under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the said Act').
(2.) On 20-12-2006, inter alia, the following order was passed by this Court :- "I have heard the learned counsel for the parties. By an order dated 12-12-2006 the petitioner's sentence was directed to be suspended. It was found that the petitioner even though, he was a juvenile, was in custody in Tihar Jail. Pursuant to this order the petitioner had been released on a personal bond in the sum of Rs. 5,000/-. Having heard the arguments at length, I am of the view that the impugned order requires to be set aside and the petitioner is entitled to be released forthwith. The arguments advanced were entirely on the question of sentence. So while the conviction is being maintained, purely on the issue of sentence, the petitioner is directed to be released forthwith. Since the petitioner is on bail his bond stands discharged and he is set at liberty. A reasoned order with regard to this particular case shall be passed separately." The present order indicates the reasons for the said order dated 20-12-2006.
(3.) The admitted facts are that by an order dated 16-5-2006, the Juvenile Justice Board was satisfied that the petitioner, who is a juvenile in conflict with law, had committed an offence under Section 302/392/ 397/34, I. P. C. in respect of the FIR No. 359/1999 registered at P. S. Hazrat Nizamuddin, Delhi. By its order on sentence passed on 16-5-2006, the Juvenile Justice Board directed as under:- "Release of the juvenile in the society in these facts and circumstances, would neither be in the interest of society nor in the interest of juvenile who needs behaviour modification for a considerable time period. Juvenile needs strict supervision in this regard, which is possible only in a Custodial Institution. He is above 18 years of age now and so, cannot be kept in the Specified Home. In these facts and circumstances of the matter, it is thought just and proper to send the juvenile to the Place of Safety for a period of two years. Juvenile be provided with the regular counselling for his behaviour modification during this period. Juvenile be also involved in vocational training so that he is able to earn his livelihood when he is released.";

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