Minor Museb Mehtab Shaikh Through … vs State Of Gujarat on 2 April, 2026

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    Gujarat High Court

    Minor Museb Mehtab Shaikh Through … vs State Of Gujarat on 2 April, 2026

    Author: Gita Gopi

    Bench: Gita Gopi

                                                                                                                      NEUTRAL CITATION
    
    
    
    
                                R/CR.RA/126/2026                                        ORDER DATED: 02/04/2026
    
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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                          R/CRIMINAL REVISION APPLICATION (FOR REGULAR BAIL) NO. 126 of
                                                      2026
    
                          ==========================================================
                           MINOR MUSEB MEHTAB SHAIKH THROUGH MEHTAB MOHAMMEDSAFI
                                                   SHAIKH
                                                    Versus
                                           STATE OF GUJARAT & ANR.
                          ==========================================================
                          Appearance:
                          MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1
                          MR MAHARSHI PATEL ADVOCATE WITH MS HETA PANCHAL
                          ADVOCATE FOR HL PATEL ADVOCATES for the Respondent(s) No. 2
                          MR BHARGAV PANDYA APP for the Respondent(s) No. 1
                          ==========================================================
    
                             CORAM:HONOURABLE MS. JUSTICE GITA GOPI
    
                                                               Date : 02/04/2026
    
                                                                      ORDER
    

    1. RULE. Learned advocates waive service of notice of
    Rule on behalf of respective parties.

    2. The applicant, by way of the present revision application
    filed through his father, under Section 102 of the Juvenile
    Justice (Care and Protection of Children) Act, 2015 (herein
    after referred to as ‘the J.J. Act‘) read with Section 438 and
    section 442 of the BNSS, 2023, challenges the order dated
    19.12.2025 passed by the City Sessions Court No.2,
    Ahmedabad in Criminal Appeal No.1045 of 2025 and the order
    dated 17.10.2025 passed in Criminal Misc. Application
    No.11260 of 2025 by the Juvenile Justice Board, Ahmedabad
    in connection with FIR being C.R. No.11191003250499 of

    SPONSORED

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    2025 under Sections 103(1) and 109(1) of Bharatiya Nyaya
    Sanhita, 2023 (for short ‘BNS 2023’) and Section 135(1) of the
    G.P. Act registered before the Khokhra Police Station,
    Ahmedabad.

    3. The Child in conflict with law (herein after referred to as
    ‘the CCL’) was aged about 14 years and 9 months at the time
    of the alleged act and who came to be arrested on 22.08.2025
    in connection with the offence punishable under Section
    109(1)
    and 103(1) of BNS 2023 and section 135(1) of the G.P.
    Act.

    4. The case of the prosecution is that the deceased child,
    on 19.08.2025 at about 12:30 in the morning in front of Jai
    Shri Meldi Temple, at the entrance of Gate No.7 of Maniyana
    Society, was arguing with his elder father’s son, the Child
    Witness (herein after referred to as the C.W.) No.12 and C.W.
    No.19, who had previously quarreled with him, and his friend
    C.W. No.18. In the meantime, the present CCL, who had
    previously had a fight with deceased child, allegedly
    harbouring enmity towards him, suddenly went near him and
    asked him “Kyun Jhagada Kar Raha Hai” and the deceased
    child replied as to “Tu Kaun Hain Kya Kar Lega”. The CCL,
    thus got angry and in presence of C.W. Nos.12, 17, 18 and 19
    with the knife in his hand gave a single blow on the left side of
    the abdomen, which was grievous and as the deceased was
    bleeding, in that condition C.W. Nos.12 and 17 entered Gate
    No.3 of the Seventh Day School’s compound and towards the
    basement on the passage, both side there were place to sit,

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    whereupon all had sat there and after sometime, deceased
    child became unconscious and during that period, the
    deceased’s mother and elder paternal aunt – Kashiben, Durga
    Munda came altogether and took deceased child in the auto
    rickshaw of Nanubhai and brought him to Sardar Patel
    Hospital, where the injured was treated by Doctor and during
    the treatment at about 2:15 hours he died on 20.09.2025.

    5. In the charge sheet it is referred that the present CCL
    harbouring the previous enmity had injured the deceased on
    19.08.2025 at around 12:30 hours at Khokhra, opposite Seven
    Days School at the end of Gate No.7 of Maniyana Society, on
    the public road, opposite Jai Shri Meldi Temple with the knife
    in his hand caused his death with a fatal blow.

    6. Learned advocate Mr. Musaib I.Shaikh for the applicant
    submitted that considering the age of the present CCL as 14
    years and 9 months, he would not be governed by the
    provision of Section 15 of the J.J. Act under which the Board
    would be called upon to make preliminary assessment into the
    heinous offence, since the CCL has not completed the age of
    16 years.

    6.1 Advocate Mr. Shaikh submitted that the Board under
    Section 15 of the J.J. Act is required to preliminary assess the
    mental and physical capacity for the commission of such crime
    of the CCL above the age of 16 years, who had committed
    heinous offence and the ability to understand the
    consequences of the offence, and the circumstances in which

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    the CCL allegedly committed the offence, and thereupon the
    Board would be mandated to pass an order in accordance to
    the provision of sub-section (3) of Section 18 of the J.J. Act,
    thus, it is the submission of Advocate Mr. Shaikh that the
    mental and physical capacity of the CCL below the age of 16
    would not be a matter for consideration. The circumstances
    has to be brought on record by social investigation report and
    the past conduct of the child and the Board if it thinks fit
    would have all the option to follow the provisions made under
    clause (a) to clause (g) of Section 18 of the J.J. Act.

    6.2 Learned advocate Mr. Shaikh submitted that the bail
    application of the present CCL has to be considered in
    accordance to the provisions of Section 12 of the Act. Mr.
    Shaikh stated that necessary criteria would be the mental and
    physical capacity of the CCL to commit the offence and the
    ability to understand the consequences of the offence and
    more importantly, Advocate Mr. Shaikh submitted that the
    circumstances under which the offence came to be committed
    would require special consideration, as a child below the age
    of 16 years would not have any mental culpability for
    commission of the crime.

    6.3 Learned advocate Mr. Shaikh has taken this Court to
    the report of the Probation Officer, which as per learned
    advocate Mr. Shaikh is a relevant consideration, as provided
    under Section 18 of the Act of the Social Investigation Report.

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    6.4 While referring to the cause of the offence, the Probation
    Officer has noted that the present CCL and the deceased were
    studying in the same school, but in different class of standard
    10th. The first meeting of the CCL with the deceased was
    about one and half month prior to the incident at the
    washroom, where the deceased child had given a tap on the
    CCL’s head telling him “Tu School Ma Bahu Vat Kare Chhe
    Mari Same Wat Karvu Nahi”, which would mean as if the CCL
    was showing his boldness in the school and deceased asked
    him not to be bold before him; after such utterance, the
    deceased went away. The Probation Officer in his report
    recorded that thereafter, whenever the CCL and deceased
    child would meet there would be quarrelled for any reasons
    and deceased child was harassing the CCL.

    6.5 The Probation Officer has further recorded that ten days
    prior to the incident in the school lobby, the deceased had
    spank the CCL on his head, and when the CCL asked
    deceased child not to do so, the deceased told him “Tu Su Kari
    Lais”; meaning thereby as to what you would do. So the CCL
    answered that he would inform the teacher. Hearing so,
    deceased child retorted saying that the teacher would send
    him away after punishing, but thereafter he would meet him
    outside (Teacher Mane Punish Kari Java Dese, Pachhi Tu
    Bahar Malis Ne”). Therefore, the CCL had not informed
    anyone about the incident and he got further enraged. After
    going home, thereafter the CCL had started keeping a folding
    knife with him.

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    6.6 The Probation Officer has also reported that the friend of
    CCL, C.W. No.18, studying in standard 9 th and his friend C.W.
    No.19 had a quarrel with C.W. No.12, the paternal cousin of
    deceased child, which had occurred one week prior to the
    incident, which came to the knowledge of deceased child,
    therefore on the date of the incident after school, near the
    temple of goddess Meldi, a quarrel took place between
    deceased, C.W.18 and C.W.19, and during the quarrel the
    CCL was called by C.W.18, at that time, the deceased had
    forcibly pressed the neck of C.W.19 and the present CCL had
    come there, intervened and released him. At that time, the
    deceased told the CCL “Tu Kya Kar Lega”. Thus, the CCL got
    angry and gave a blow with knife on the stomach of the
    deceased and as reported by the Probation Officer, the CCL
    ran away from that place and sitting in the van reached his
    house.

    6.7 With these details of the circumstances under which the
    incident had taken place, the Probation Officer had given a
    detail report with his own opinion in a positive way about the
    emotional, physical and intellectual condition of the CCL. The
    family of CCL was found to be economically stable and had a
    good repute in the society. The Probation Officer in his
    opinion has noted that since the child is below the age of 16
    years, he is required to be kept in Observation Home, and he
    requires institutional counselling, and that the counselling
    process is in progress.

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    7. Learned advocate Mr. Maharshi Patel along with learned
    advocate Ms. Heta Panchal for the complainant, the first
    informant, relying on the judgment of this Court in case of
    Child in Conflict with Law Through Zarinaben W/o.
    Jumabhai Detha Vs. State of Gujarat, in Criminal Revision
    Application No.1955 of 2024 delivered on 03.07.2025, and the
    case of Arjun Vs. State of Maharashtra, (2012) 5 SCC 530,
    submitted that it could not be considered as a right of private
    defence of the CCL to give a blow to the deceased armed with
    a knife, where he was already holding a knife in his hand at
    the time of incident.

    7.1 Advocate Mr. Patel also relied on the judgment of
    Surender Singh Vs. State (NCT of Delhi), (2024) 7 SCC
    40, to submit that the benefit of self-defence would not be
    available to the CCL.
    Relying on the judgment of Om Prakash
    Vs. State of Rajasthan and Anr.
    , (2012) 5 SCC 201,
    advocate Mr. Patel, on the conduct in the case of heinous
    crimes by the CCL, submitted that it is the duty of the Court
    to scrutinize the plea of juvenility with the extreme caution to
    ensure that the plea of minority is not employed to escape
    punishment. Advocate Mr. Patel submitted that the CCL could
    not take law in his hands and inflict blow to the extent that
    the deceased child would not survive.

    8. Learned APP Mr. Bhargav Pandya for the State referring
    to the facts of the case and relying on the report of the Police
    Inspector, Crime Branch, Ahmedabad City and the judgment

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    of the Hon’ble Supreme Court in case of Juveniles in
    Conflict With Law C vs. State of Rajasthan, reported in
    2025 (0) AIJEL-SC 75412, submitted that the case is progress
    before the Juvenile Board; almost about 17 witnesses have
    been examined, the inquest panchnama has been admitted
    and the important witnesses are yet to be examined.

    8.1 As per the police, learned APP Mr. Pandya submitted
    that the CCL is suffering from serious anger issues and
    placing reliance on the postmortem report submitted that the
    injury was penetrating in nature, which had led to death due
    to shock and hemorrhage as result of stab injury over the left
    side of the abdomen. Learned APP Mr. Pandya was of the view
    that a child keeping a knife along with him cannot be
    considered as innocent, and his bail application should be
    considered in the form of an adult having a criminal mentality
    to commit the offence.

    8.2 Reliance has also been placed by learned APP on the
    statement of one C.W.39, which is recorded on 08.09.2025
    regarding the chat after the incident on 19.08.2025 with the
    present CCL, where C.W.39 had inquired about causing death
    to the deceased child, to impress upon the Court that Chat
    itself would suggest the criminal mentality of the present
    CCL. Learned APP submitted that during the time of his stay
    in the Observation Home, once the CCL had run away, which
    is also a circumstance to be considered.

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    9. Heard learned advocates appearing for the respective
    parties. Section 12 of the J.J. Act clearly overrides the bail
    provisions as contained in Criminal Procedure Code, 1973 or
    any other law for the time being in force. Section 12 of the
    Act, as could be read in its true meaning shows bail to the
    juvenile is a rule and refusal of the same is an exception. The
    refusal of the bail can only be on the following grounds:

    (i) If there appears reasonable ground for believing that the
    release is likely to bring that person in association with any
    known criminal or,

    (ii) expose the said person to moral, physical or
    psychological danger or,

    (iii) the person’s release would defeat the ends of justice.

    9.1 The use of expression “such person shall be released on
    bail” in section 12(1) of the J.J. Act shows that the grant of
    bail to the juvenile is mandatory unless grounds for denial of
    the bail. Seriousness of the alleged offence or the age of the
    juvenile are also no relevant consideration for denial of the
    bail under Section 12 of the J.J. Act. Section 12 of the J.J. Act
    in consonance with the object of the Act intents not to punish
    the CCL, but to reform and rehabilitate them by proper care,
    protection, development and social reintegration by adopting
    a child friendly approach in the adjudication and disposal of
    the matter in the best interest.

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    10. In the case of Child in Conflict with Law Through
    Savitaben Vitthalbhai Vasava Vs. State of Gujarat
    , 2022
    (0) AIJEL-HC 244005 (passed in CRRA No.901 of 2021 on
    28.04.2022), it has been observed as under:

    17. Section 12 of the JJ Act, 2015 which deals with the
    grant of bail to a child expressly contains the
    nonobstante phrase to be as “…. notwithstanding
    anything contained in the Code of Criminal Procedure,
    1973 (2 of 1974) or in any other law for the time being
    in force, be released on bail …”. This very provision in
    Section 12 clarifies that provisions of Cr.PC is excluded
    in the case of bail plea of the child. Further, it requires
    to be noted that Section 12 is a specific provision under
    the special statute that deals with the matter of bail
    and accordingly, the application of Section 439 of the
    Cr.PC is also necessarily excluded. Cr.PC contains a
    corresponding clause which is for application on
    special lines. Considering this aspect in case of a bail
    application on behalf a child, it would be required to be
    concluded that such bail plea would not be maintable
    under Section 439 of Cr.PC.

    19. Non-applicability of Section 439 of Cr.PC in case of
    child in conflict with law has been appreciated by
    various High Courts. This Court would like to refer to
    the decision of the High Court of Delhi in the case of
    CCL ‘A’ v. State (NCT of Delhi) in Bail Application
    No.2510/2020 (dated 19.10.2020), where the Court had
    observed as under :-

    “44. In formulating the above position, this court finds
    support in the view taken by the Division Bench of the
    Chhattisgarh High Court in Tejram Nagrachi Juvenile
    vs. State of Chhattisgarh Through the Station House
    Officer4, where the Division Bench has opined that an
    application for grant of bail under section 437 Cr.P.C.
    or 439 Cr.P.C. would not be maintainable in the case of
    a juvenile. The relevant paras of the judgment are as
    under:

    “7. A conjoint analysis of the provisions contained in
    Sections 437 and 439 of the Code viz a viz Sections 8,
    10 and 12 of the Act, 2015 would discern that while
    there are certain general guidelines under Sections
    437 & 439 of the Code, power in respect of grant of
    bail to a juvenile is more liberal in the nature of
    command under Section 12(1) that whenever an
    apparent juvenile alleged to have committed a bailable
    or nonbailable offence is detained by the police or

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    appears or brought before a Board, such person shall,
    notwithstanding anything contained in the Code or in
    any other law for the time being in force, be released
    on bail with or without surety or placed under the
    supervision of a probation officer or under the care of
    any fit person. The only rider for not releasing the
    apparent juvenile is that whenever there appears
    reasonable grounds for believing that the release is
    likely to bring that person (Juvenile) into association
    with any known criminal or expose the said person to
    moral, physical or psychological danger or his release
    would defeat the ends of justice, the Board shall record
    the reasons for denying the bail and circumstances that
    led to such a decision. This rider as contained in
    proviso to Section 12(1) requires the Board to record
    reasons for denying the bail. It would mean that
    ordinarily the bail is to be allowed to a juvenile. The
    denial being exceptional on certain reasons to be
    recorded by the Board as provided in the proviso. This
    special provision is not contained under Section 439 of
    the Code.

    “8. ………. While there is no denial of the fact that when
    the Court of Sessions exercises appellate power under
    Section 101(2) and the High Court exercises revisional
    power under Section 102 of the Act of 2015, it shall
    exercise power of the Board provided under Section
    8(2)
    , but this power of the Board would also be
    available to the Court of Sessions or to the High Court
    when it proceeds to examine the plea of juvenile for
    grant of bail whenever such occasion arises on account
    of bail application of juvenile being rejected under
    Section 12 of the Act of 2015. Therefore, by use of the
    term “otherwise” in Section 8(2), jurisdiction under
    Section 439 of the Code would not be attracted which
    is otherwise excluded by use of the term
    “notwithstanding anything contained in the Code of
    Criminal Procedure
    , 1973 (2 of 1974) or in any other
    law for the time being in force”, as occurring in Section
    12 (1)
    .” (emphasis supplied)

    20. The law therefore, is clear on the aspect that since
    Section 12 of the JJ Act bears a non-obstante clause
    which indicates legislative intent that the source of
    power to grant bail under the JJ Act, 2015 is
    independent from that of the Cr.PC. Thus, it can be
    said to be concluded that Section 439 of the Cr.PC is
    not applicable on the issue of grant or denial of bail to
    a child alleged to have committed bailable or non-
    bailable offence who is to be dealt with by the Special
    Statute, i.e. JJ Act, 2015 which contains the specific
    provision for bail under Section 12 of JJ Act, 2015.”

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    11. Here, in the present case, as per the Probation Officer’s
    report, the deceased child was continuously bulling the
    present CCL. The conversation, which took place between the
    present CCL and the deceased child, as reported by the
    Probation Officer, would show that since one month prior to
    the incident, the deceased child was putting the CCL under
    pressure to the extent that the deceased child had threatened
    the CCL to face the consequences, in case of complaining the
    teacher. The Probation Officer’s report suggests that since
    from the day of such a threat, the CCL was keeping a knife
    along with him. On the date of the incident, it was not that
    there was a direct quarrel between the CCL and the deceased
    child.

    11.1 As per the Probation Officer, the deceased child was
    physically assaulting C.W.19 by pressing his neck, at that
    time, CCL was called by C.W.18 and the CCL had come there
    and by intervening released all of them, at that time too, the
    deceased had threatened the CCL and in that circumstances,
    he gave a knife blow on the stomach.

    12. The case of Barun Chandra Thakur Vs. Master Bholu
    & Anr.
    , in Criminal Appeal No.950 of 2022, was declared on
    13.07.2022 [(2023) 12 SCC 401]. The Hon’ble Supreme Court
    while dealing with section 15 of the J.J. Act for preliminary
    assessment of child in conflict with law, observed as under:

    “65. While considering a child as an adult one needs to
    look at his/her physical maturity, cognitive abilities,

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    social and emotional competencies. It must be
    mentioned here that from a neurobiological
    perspective, the development of cognitive, behavioural
    attributes like the ability to delay gratification, decision
    making, risk taking, impulsivity, judgement, etc.
    continues until the early 20s. It is, therefore, all the
    more important that such assessment is made to
    distinguish such attributes between a child and an
    adult.

    66. Cognitive maturation is highly dependent on
    hereditary factors. Emotional development is less likely
    to affect cognitive maturation. However, if emotions
    are too intense and the child is unable to regulate
    emotions effectively, then intellectual
    insight/knowledge may take a back seat.

    70. A child with average intelligence/IQ will have the
    intellectual knowledge of the consequences of his
    actions. But whether or not he is able to control himself
    or his actions will depend on his level of emotional
    competence. For example, risky driving may result in
    an accident. But if emotional competence is not high,
    the urge for thrill seeking may get the better of his
    intellectual understanding.

    71. Children may be geared towards more instant
    gratification and may not be able to deeply understand
    the long-term consequences of their actions. They are
    also more likely to be influenced by emotion rather
    than reason. Research shows that young people do
    know risks to themselves. Despite this knowledge,
    adolescents engage in riskier behaviour than adults
    (such as drug and alcohol use, unsafe sexual activity,
    dangerous driving and/or delinquent behaviour). While
    they do consider risks cognitively (by weighing up the
    potential risks and rewards of a particular act), their
    decisions / actions may be more heavily influenced by
    social (e.g. peer influences) and/or emotional (e.g.
    impulsive) tendencies. In addition, the lack of
    experience coupled with the child’s limited ability to
    deeply understand the long-term consequences of their
    actions can lead to impulsive / reckless decision
    making.

    12.1 In Barun Chandra Thakur (supra), the Hon’ble
    Supreme Court has referred to the factum of cognitive
    maturation, observing intense emotion, likely to affect the
    cognitive maturation, the child with average intelligence may

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    have the knowledge of the consequences of his action, but his
    ability to control himself in his actions depending on his level
    of emotional competence.

    13. Section 18 of the J.J. Act, deals that while considering
    the satisfaction of the Board on inquiry of the Child
    irrespective of the age having committed petty offence, or a
    serious offence, or a child below the age of sixteen years
    having committed a heinous offence, then despite anything
    contrary contained in any other law for the time being in
    force, and based on the nature of offence, specific need for
    supervision or intervention, and the circumstances as brought
    out in the social investigation report, the past conduct of the
    child, the Board may, following the appropriate inquiry and
    counselling to the child and his parents or the guardian, allow
    the child to go home after advice or admonition. The provision
    also deals with the participation in group counselling and
    similar activities and the child to perform the community
    service and other needs for development of the child, and has
    noted that the Board can release the child on probation of
    good conduct and place him under the care of parent,
    guardian or fit person, who would on executing a bond with or
    without surety, as the Board may require, for the good
    behaviour and child’s well being.

    14. Having considered the circumstances under which the
    offence has alleged to have been committed and the report of
    the Probation Officer of continuous bulling from the side of
    the deceased child to the CCL and the fact that the CCL is a

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    school going child, and when the trial will take its own time to
    conclude, the present CCL is ordered to be released on bail in
    connection with C.R. No.11191003250499 of 2025 registered
    before the Khokhra Police Station, Ahmedabad, on the
    applicant’s father executing a personal bond in the sum of
    Rs.10,000/- with a condition that father would take care of his
    child for his good behaviour and his well being.

    15. It is directed that the Probation Officer shall monitor the
    conduct of the CCL and shall quarterly submit the report
    before the concerned Board/Children’s Court till completion of
    the trial. Moreover, if the Probation Officer considers any
    necessity of sending the juvenile for any behavior modification
    then necessary therapy and psychiatric support be provided to
    the child in conflict with law.

    16. In view of the above, the present application stands
    disposed of. Rule is made absolute to the aforesaid extent.

    17. Direct service is permitted. Registry to communicate this
    order to the concerned Court/authority by Fax or Email
    forthwith.

    (GITA GOPI,J)
    Pankaj/3 (suppl.-III)

    Page 15 of 15

    Uploaded by MR PANKAJ KUMAR PRASAD(HC00967) on Sat Apr 04 2026 Downloaded on : Mon Apr 06 21:07:19 IST 2026



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