Juvenile Justice Act :Rajasthan High Court : No requirement of law to implead complainant /victim as party while filing bail application
The Hon'ble Rajasthan High Court Jodhpur while hearing the Revisiosn petition for Bail in S.B. Criminal Revision Petition No. 494/2021 titled as X S/o Laxman, Versus State, Through Pp vide judgmnet dated 01/07/2021,Reportable held as under, " Thus, it is clear that there is no legislative mandate under the Juvenile Justice Act that the victim should be notified before hearing the bail application of a child in conflict with law, be it before the Juvenile Justice Board, Appellate Court or before the High Court exercising the revisional powers under Section 102 of the Juvenile Justice Act.
It seems that without any basis, a practice has been adopted of impleading the complainant as a party in a revision for bail of a juvenile under Section 102 of the Juvenile Justice act. Numerous instances have come before the court, wherein, in cases involving multiple accused, of which few are adults and one is juvenile, the bail applications of the adult offenders are decided much earlier, whereas the juvenile continue to languish in the Observation Home, awaiting service of notice on the complainant. This anomalous situation is absolutely unwarranted and has to be resolved by taking a pragmatic, legal and logical view of the situation.
Thus, the preliminary objection raised by the learned Public Prosecutor that the complainant has to be notified before deciding this revision is turned down.
#Juvenile Justice # Bail to Juvenile # Criminal Justice # Rajasthan High Court #Criminal revision # Criminal Appeal