NAND KLSHORE versus STATE OF M.P.

NAND KLSHORE versus STATE OF M.P.

Since the petitioner was a juvenile (below 18 years) on the date of commission of the offence, he is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, irrespective of the date of conviction.

Parties
Petitioner: Nand Kishore; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
16 December 2014
Procedural Posture
Writ Petition (criminal) Under Article 32 / Final Order
Outcome
Petition allowed. Petitioner to be set at liberty forthwith unless required in any other case. Bail bond and sureties, if any, stand discharged.
Legal Topics
Juvenility Claim Under Juvenile Justice (care and Protection of Children) Act, 2000, Effect of Age on Date of Offence, Retrospective Application of Juvenile Justice Act
Juvenile Justice Criminal Law Constitutional Law Juvenility Claim Under Juvenile Justice (care and Protection of Children) Act, 2000 Effect of Age on Date of Offence Retrospective Application of Juvenile Justice Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 8 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Nand Kishore

Petitioner

State of M.P.

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 / Final Order

Legal Issues

  1. 1 Whether the petitioner is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000 despite conviction prior to the coming into force of the Act, if he was below 18 years on the date of offence

Ratio Decidendi

Since the petitioner was a juvenile (below 18 years) on the date of commission of the offence, he is entitled to the benefit of the Juvenile Justice (Care and Protection of Children) Act, 2000, irrespective of the date of conviction.

Court Disposition

Petition allowed. Petitioner to be set at liberty forthwith unless required in any other case. Bail bond and sureties, if any, stand discharged.

Orders

  • Petitioner shall be set at liberty forthwith unless his detention is warranted in any other case.
  • Bail bond and sureties, if any, shall stand discharged.