Vishnu Chandra Gupta, J. - (1.) THIS is a criminal revision under section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the 'Act') against the order of rejecting the bail of revisionist, a juvenile in conflicting with law, by Juvenile Board, Lakhimpur Kheri and order confirming the same by the Appellate Court. The order impugned dated 3.1.2012 was passed by Juvenile Board, Lakhimpur Kheri in view of section 12 of the Act on the ground that there are reasonable grounds to believe that the release of petitioner would likely to bring him into association with know criminal and his release would defeat the ends of justice. This order was upheld by Additional Sessions Judge, Court No. 2, Lakhimpur Kheri, the appellate court, in appeal No. 3 of 2012 vide order dated 20.03.2012.
(2.) HEARD the learned counsel for the revisionists Shushri Manjusha Kapil, the learned counsel appearing on behalf of opposite party Sri Ram Baksh Rawat, Advocate holding brief of Sri Rajiv Dubey, and learned A.G.A. and perused the record of this case summoned from the Juvenile Board as well as of this revision. The aforesaid orders were assailed and bail was pressed mainly on the ground by the counsel for revisionist that a juvenile in conflict with law cannot be detained in custody at any place or kept under supervision for more than a period of three years. It was further submitted that even if the juvenile in conflict with law is found guilt for any offence, he could not be detained beyond maximum period of three years under sections 15 and 16 of the Act.
(3.) LEARNED counsel appearing for opposite party as well as the learned A.G.A. contended that the revisionist was declared juvenile by the order dated 24.8.2011 passed by Special Judge/Addl. Sessions Judge, Lakhimpur Kheri. Thereafter, the case was sent to Juvenile Board and only after 24.8.2011, the revisionist will deemed to be in custody within the meaning of sections 15 and 16 of the Act.;