Jharkhand High Court
Sahabuddin Ansari Alias Nannu Ansari ... vs The State Of Jharkhand And Anr on 11 December, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (S.J.) No. 2119 of 2017
Sahabuddin Ansari @ Nannu Ansari
@ Md. Sahabuddin Ansari ..... Appellant
Versus
1. The State of Jharkhand
2. Vicky Kumar ..... Respondents
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Appellant : Mr. M.B. Lal, Advocate.
For the State : A.P.P.
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02/Dated: 11/12/2017
Appellant has preferred an appeal under Section 101 of
the Juvenile Justice (Care and Protection of Children) Act,
2015, being aggrieved and dissatisfied with the order dated
22.11.2017passed by learned Additional Sessions Judge-1st- cum-Special Judge, Dhanbad in Spl. (P) Case No. 121/2017 / M.C.A. No. 207/2017, which arises out of Jharia P.S. Case No. 96 of 2017, corresponding to G.R. No. 1725 of 2017, registered under Sections 363 / 366 (A) of the I.P.C. and Section 4 of the POCSO Act has been added by an order dated 06.06.2017, whereby the court below rejected the prayer for bail of the appellant although the appellant has been declared juvenile.
Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 reveals as under:-
101. Appeals. - (1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children's Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate:
Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days.
(2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under Section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has -2- been obtained by the Board in passing the order under the said section.
(3) No appeal shall lie from, -
(a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or
(b) any order made by a Committee in respect of finding that a person is not a child in need of care and protection.
(4) No second appeal shall lie from any order of the Court of Session, passed in appeal under this section.
(5) Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the procedure specified in the Code of Criminal Procedure, 1973 (2 of 1974).
Prima facie, it appears that appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015 only provides about the orders confined to provisions of Section 15 of the Act under which the Board has been empowered to hold preliminary assessment regarding mental and physical capacity of the child alleged to have committed an offence, but in the instance case finding has not been challenged, rather prayer has been made for bail of the appellant. Prayer of the bail of the appellant lies under regular provisions of law. So, this criminal appeal is not maintainable in the present form.
Learned counsel for the appellant seeks permission to convert the instant appeal into bail application.
Permission accorded.
Learned counsel for the appellant is directed to convert the same by filing supplementary affidavit changing the cause title and prayer portion of the memo of criminal appeal which will also be subject to limitation.
(Anant Bijay Singh, J.) Sunil/