Akhilesh vs State of U.P. and Another

S.C. Agarwal, J.—Heard learned Counsel for the revisionist and learned A.G.A. for the State.

No notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he feels so aggrieved.

This criminal revision is directed against the order dated 23.9.2010, passed by Sessions Judge, Bulandshahr in Bail Application No. 1588 of 2010. whereby application for bail moved on behalf of the revisionist Akhilesh was forwarded to Juvenile Justice Board, Meerut (hereinafter referred to as the ''Board'') for disposal.

The revisionist was an accused in S.T. No. 108 of 2010 arising out of Case Crime No. 336 of 2009 under Sections 342, 364, 363, 366, 506, 302 and 201, I.P.C., P.S. Kotwali Nagar, district Bulandshahr. The revisionist was declared a juvenile in conflict with law by order dated 5.9.2010, passed by Sessions Judge, Bulandshahr.

Learned Counsel for the revisionist submitted that u/s 6(2) of the Juvenile Justice (Care and Protection of Children) Act, 1973 (hereinafter referred to as the ''Act''), the learned Sessions Judge was competent to decide the bail application of the revisionist and the same should not have been forwarded to the Board for disposal.

The revisionist was declared a juvenile by learned Sessions Judge exercising the powers u/s 7A of the Act. Thereafter, the case was referred to the Board. Powers u/s 6(2) of the Act can be exercised by learned Sessions Judge or by this Court only when the proceedings come before them in appeal, revision or otherwise. The bail application has to be disposed of by the Board in accordance with Section 12 of the Act. If the application for bail is rejected by the Board, then the powers to grant bail can be exercised by learned Sessions Judge u/s 52 of the Act and subsequently in the revision by the High Court u/s 53 of the Act.

Learned Sessions Judge did not commit any illegality in forwarding the bail application of the revisionist to the Board. The revision is devoid of merit and is accordingly dismissed.

However, the Board is directed to dispose of the bail application of the revisionist as early as possible, preferably within a period of one week from the date of which a certified copy of this order is produced before it.