State Of Maharashtra v. The Child In Conflict With Law And ANR.

Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 372 OF 2024 State of Maharashtra ...Appellant

Versus

The Child In Conflict With Law & Anr

...Respondents

WITH CRIMINAL APPEAL NO. 257 OF 2022 WITH INTERIM APPLICATION NO. 842 OF 2022 IN CRIMINAL APPEAL NO. 257 OF 2022 The Child In Conflict With Law XYZ ...Appellant

Versus

State of Maharashtra & Anr

...Respondents

Dr. Birendra Saraf, Advocate General, a/w Ms. Vilasini Balsubramanian, for the Appellant-State in Criminal Appeal No. 372 of 2024.

Ms. S. S. Kaushik, APP, for the State.

Mr. Irfan Shaikh, for the Appellant in Criminal Appeal No. 257 of 2022.

Ms. Devyani Kulkarni, Appointed Advocate, for the Respondent No.2 in Criminal Appeal No. 257 of 2022.

Ms. Maharukh Adenwalla, for the Child In Conflict with Law.

CORAM:

SUMAN SHYAM & SHYAM C. CHANDAK, JJ.

DATED:

6th AUGUST 2025.

PC:- REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.08.07 11:19:48 +0530

1.

Dr. Birendra Saraf, learned Advocate General for the State of Maharashtra, is present to assist the Court as per the request made by this Court vide order dated 7th July, 2025. 2.

This is a case of a Child in Conflict with Law, who was tried as an adult and eventually convicted for committing heinous offence. We are informed that in the meantime, the accused has attained the age of 21 years. However, the learned Children's Court, after carrying out an assessment on the question as to whether the accused should be transferred to a normal jail or not, has passed order dated 11th November, 2024, indicating that this is a fit case where the juvenile on attaining majority should be shifted to a regular jail.

3.

Ms. Adenwalla, learned Counsel representing the Juvenile in Conflict with law, has submitted that she has instruction to prefer an appeal against the order dated 11th November, 2024, which is in the process of being filed. As such, this matter be adjourned for three weeks so as to enable the filing of this appeal. 4.

There is consensus at the bar that since an appeal against the order dated 11th November, 2024, passed by the learned Children's Court is in the process of being filed, all the matters should be tagged up and taken up together before any final decision is taken on the pending bail application.

5.

In view of the above, we adjourn these matters to 29th August, 2025.

6.

Interim order, if any, operating in these cases, shall continue till the next date.

(SHYAM C. CHANDAK, J.) (SUMAN SHYAM, J.)