The Children Act, 1974
The Children Act, 2013
Custody of Minor–
Considering the facts and circumstances- especially the facts that minor S.A.M.M. Zohaibuddin has already attained the age of almost 7 years and he is now residing along with his ailing elder brother in his father’s house and is being taken good care of by his father, grandfather and grandmother, we are inclined to allow the prayer of the leavepetitioner to retain the custody of his minor son S.A.M.M. Zohaibuddin till disposal of Family Suit. .....S.A.M.M. Mahbubuddin =VS= Laila Fatema, (Civil), 2017 (2)– [3 LM (AD) 468] ....View Full Judgment

Upon a plain reading of the law it is clear that the said provision relates to trial only. This provision confers jurisdiction to the Shishu Adalat to hold trial of a case wherein a child comes in conflict with the law (আইনের সাথে সংঘাতে জড়িত শিশু) or comes in contact with the law (আইনের সংস্পশে আসা শিশু)). The proceedings of a criminal case get commenced in a Special Court, Tribunal or even Court of sessions after submission of the police report when the record is transmitted to the concerned Court or Tribunal, as the case may be, and it takes cognizance of the offence against an accused and the trial starts with the framing of charge. Abdul Kader Gazi vs State (Criminal), 69 DLR (2017) HCD 573

Whether the learned Judge of the Shishu Adalat has got the jurisdiction to entertain an application for bail of an adult accused on surrender where the victim and witness are minors, (Children in contact with the law) before commencement of the trial.
The High Court Division held that since no specific provision has been made in the Shishu Ain, 2013 with regard to dealing with the bail application of an adult accused when the case is under investigation the provision of sections 496 and 497 of the Code of Criminal Procedure will be applicable. It is the mandate of law that at the inquiry or investigation stage of a criminal case an accused is to surrender before the court of the first instance where the case record is lying. Abdul Kader Gazi-Vs.-The State and another. (Criminal) 10 ALR 2017 (2) (HCD) 202

The High Court Division has no hesitation to hold that the learned judge of the Shishu Adalat, Chandpur acted illegally in entertaining the application for bail of the accused opposite party No.2 who is an adult person and enlarging him on bail when the case is under investigation and the record lies in the Court of Chief Judicial Magistrate, Chandpur. In the facts and circumstances of the present case the accused opposite party no. 2 ought to have surrendered before the Court where the case is pending and the record thereof is lying i.e, before the Court of Chief Judicial Magistrate, Chandpur. Abdul Kader Gazi-Vs.-The State and another. (Criminal) 10 ALR 2017 (2) (HCD) 202