Dinesh Mehta, J. - (1.) Petitioner has preferred present revision petition under Section 102 of Juvenile Justice Act, 2015 (hereinafter referred to as 'JJ Act') challenging order dated 17.2.2020, passed by the learned Special Judge (POCSO Act, 2012 and Child Right Protection Act, 2005) No.1, Udaipur (hereinafter referred to as 'the appellate court') in Cr. Appeal No.8/2020 rejecting the appeal preferred by the petitioner against order dated 10.2.2020 passed by Principal Magistrate, Juvenile Justice Board, Udaipur (hereinafter referred to as 'JJ Board' or 'the Board') in connection with FIR No.331/2019, Police Station Rishabhdev, whereby bail application filed by the petitioner under Section 12 of the JJ Act has been rejected.
(2.) Before delving upon the questions involved and raised, it will be apt to lay factual canvass, which unfolds thus: 2.1 One Swapnil Kalal filed an FIR on 12.10.2019, intimating that two young boys intercepted him when he reached Darshan Ghati on his motorcycle and snatched away his bag containing Rs.62,460/- and some important documents.2.2 During investigation, the police identified the present petitioner as one of the accused and apprehended to try him for the offence under Section 392/34 of Indian Penal Code.2.3 Considering that petitioner was 17 years of age - a juvenile, he was ordered to be sent to Rehabilitation Center on 30.1.2020.2.4 A bail application was filed on petitioner's behalf by his uncle, which came to be rejected by the JJ Board, vide its order dated 10.2.2020.2.5 The petitioner preferred an appeal against the above order dated 10.2.2020, which too was rejected by the appellate Court.2.6 The petitioner (through his guardian) has prefered the present revision petition seeking quashment of above referred orders passed by the Board and appellate Court while also praying that he be released on bail.
(3.) Questioning the legality and proprietary of the above referred orders, learned counsel for the petitioner argued that the offences alleged against the petitioner (Section 392/34 of the IPC) are triable by magistrate and thus, the Juvenile Justice Board ought to have enlarged the petitioner on bail considering that he was behind bars for considerable period. He argued that despite being a juvenile, the petitioner is languishing in judicial custody for not so serious offence. Showing concern about petitioner's predicament, he added that had he been a major, he would have been released on bail by this time.;