SHIVAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Section 102 of Juvenile Justice (Care & Protection of Children) Act , 2015 (for short "Act of 2015") filed on behalf of child in conflict with law through his legal guardian (mother) Sunita against the order dated 06-08-2019 passed by Sixth Additional Sessions Judge, Bhind in Criminal Appeal No.105/2018; whereby, appeal preferred by petitioner under Section 101 (2) of the Act of 2015 has been dismissed and order passed by Juvenile Justice Board dated 24-11-2017 rejecting the application of the petitioner under Section 12 of the Act of 2015 has been affirmed. By the order of the Juvenile Board dated 24-11-2017, the application of the petitioner under Section 12 of the Act of 2015 for release of the petitioner on bail bond of his mother was rejected.

(2.) It is submitted by learned counsel for the petitioner that false case has been registered against him. It is further submitted that petitioner is in remand home since November, 2017 and he completed almost 3 years, therefore, his case be sympathetically considered because as per Section 18 of Juvenile Justice (Care and Protection) Act , 2015 maximum period for confining the child in conflict with law in remand home is 3 years. He undertakes to cooperate in trial and would involve himself in creative pursuits and sports and educational activities and would not involve in any criminal activities in future and would not be source of embarrassment and harassment to the complainant party in any manner. His company would be good and people of law abiding traits. It is further submitted that if due to COVID -19 pandemic situation, petitioner who is juvenile is released on bail then mother of petitioner shall take care of him. He undertakes to perform community service by way of plantation to purge his misdeed, if any. Thus, prayed for grant of bail.

(3.) Learned counsel for the State opposed the prayer but fairly submitted that report of Probationary Officer nowhere hinders the case of petitioner.