Saddam @ Lala v. State
Case brief
What is this about?
Revision petition quashing orders detaining a juvenile beyond the three-year maximum limit under Section 15(1)(g) of the Juvenile Justice Act, 2000. Court directs release on bail with father as surety.
What did the court decide?
Orders dated 03.12.2011 and 14.12.2011 quashed; petitioner released on bail with father as surety.
What the court decided
S.B. CRIMINAL REVISION PETITION NO. 121/2012 (Saddam @ Lala Vs. State of Rajasthan)
DATE OF ORDER : 09.02.2012
HON'BLE MR. JUSTICE SANDEEP MEHTA
Mr. R.S. Chundawat, for the petitioner. Mr. Aneesh Bhurat, Public Prosecutor.
Heard learned counsel for the parties and perused the orders impugned.
Learned counsel for the petitioner submits in this case, the petitioner was arrested initially treated him to be a major on 20.07.2008 and since then he is continuously in custody. The petitioner filed an application for being treated him to be a juvenile and he was declared as a juvenile in an enquiry held subsequently. Thereafter, the petitioner's father filed an application for releasing the petitioner under his guardianship, which was rejected by the learned Principal Magistrate, Juvenile Justice Board, Bhilwara by his order dated 03.12.2011 and the appeal filed against the said order has also been rejected by the learned Sessions Judge, Bhilwara on 14.12.2011.
Learned counsel for the petitioner submits that as per the provisions of Section 15(1)(g) of the Juvenile Justice (Care and Protection of Children) Act, 2000, the maximum period for which a juvenile can be kept in the special home is for a period of three years. Learned counsel thus submits that the petitioner has already undergone a period of three years in custody and he cannot be detained any further as his detention virtually amount to be an illegal detention. Learned counsel further submits that though the Probation Officer in his report has mentioned that the villagers are still holding grudge against the petitioner and there is a risk to the life of the petitioner but the father of the petitioner undertakes to take care of the petitioner in the event of his being released from the custody.
Issues for consideration
3 issues framed by the court
Whether a juvenile declared after three years in custody can be legally detained beyond the statutory maximum period under Section 15(1)(g) of the Juvenile Justice Act, 2000?
Whether the orders declining bail to a juvenile detained beyond three years should be quashed under the provisions of the Juvenile Justice Act?
Whether a juvenile should be released on bail on furnishing a bond with a stipulation of parental guardianship?
Parties & counsel
- petitioner
Saddam @ Lala
- respondent
State of Rajasthan
Coram
Sandeep Mehta
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CRLR/121/2012
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