JUDGMENT : D.P. Mohapatra, J. - This revision petition u/s 38 of the Juvenile Justice Act, 1986 (hereinafter referred to as the 'Act') has been tiled by Abrahim Khristian and Jahar Khristian challenging the order dated 3-9-1988 passed by the Sub-Divisional Judicial Magistrate, Nawapara in G.R. Case No, 102 of 1988 rejecting their application u/s 18 of the Act for being released on bail. The Petitioners are involved in the aforementioned case in which cognizance has been taken u/s 379134 IPC. The allegation against the Petitioners is that on 19-7-1988 they were found stealing a bag containing currency worth Rs. 25,000/- belonging to one Kamal Kumar Dewangan. The further allegation is that some of the persons who have been examined in course of investigation u/s 161 Code of Criminal Procedure have stated that tile bag of Kamal Kumar Dewangan was recovered from the Petitioners and a sum of Rs. 15,000/- was found in it. 2. As the impugned order reveals, the learned Magistrate on consideration of the application filed by the Petitioners was not inclined to accede to the prayer for their release on bail and directed that they should be kept in the observation home at Berhampur. The reasons that appear to have weighed with the learned Magistrate are that the Petitioners belong to Andhra pradesh, out of six persons involved in the case, all of them appearing to be juveniles; only two have been arrested so far, huge amount is involved in the theft case investigation is not yet complete; and release of the two Petitioners may provide them, opportunity for associating with other criminals who are at large and the ends of justice may be defeated if these Petitioners jump bail and leave Orissa during pendency of the investigation and trial. 3. On behalf of the Petitioners it is urged that while passing the impugned order the learned Magistrate has failed to pay due attention to the provisions of the Act and the procedure followed therein. The learned Counsel for the Petitioners contended that it appears from the impugned order that the learned Magistrate has considered the application as any other application for bail in a criminal case and this erroneous approach has vitiated the order. 4. The Act has come into force in all States except the State of Jammu and Kashmir with effect from the 2nd of October, 1987. 4. The Act has come into force in all States except the State of Jammu and Kashmir with effect from the 2nd of October, 1987. It is an Act to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. This Act was enacted as on a review of the working of the existing Children Acts indicated that much greater, attention is required to be given to children who may be found in situations of social mal adjustment, delinquency or neglect. It was further felt that the justice system as available for adults is not suitable for being applied to juveniles and therefore it is necessary that a uniform juvenile justice system should be available throughout the country which should make adequate provision for dealing with all aspects in the changing social, cultural and economic situation in the country. 5. At the outset a few provisions of the Act relevant for the present purpose may be noticed. Section 2(e) defines 'delinquent juvenile' to mean a juvenile who has been found to have committed an offence. Section 2(h) defines 'juvenile' to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years, Under Clause (1) of Section 2, 'neglected juvenile' means juvenile who (1) is found begging; or (ii) is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute, (iii) has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile or (iv) lives in a brothel or with a prostitute or frequently goes to any placed used for the purpose of prostitution or is found to associate with any prostitute or any other person who leads an immoral drunken or depraved life, (v) who is being or is likely to be abused or exploited for immoral or illegal purposes or unconscionable gain. Under Chapter II of the Act, provisions are made relating to establishment of competent authorities and institutions for juveniles, for example Juvenile Welfare Boards, Juvenile Courts, Juvenile homes, Special homes, Observation homes, after-care organizations and regarding power to be exercised by the said institutions and the procedure to be followed by them. Under Chapter II of the Act, provisions are made relating to establishment of competent authorities and institutions for juveniles, for example Juvenile Welfare Boards, Juvenile Courts, Juvenile homes, Special homes, Observation homes, after-care organizations and regarding power to be exercised by the said institutions and the procedure to be followed by them. Under Section (72) it is provided that where no Board or Juvenile Court has been constituted for any area, the powers conferred on the Board or the Juvenile Court by or under the Act shall be exercised in that area, only by the following namely (a) the District Magistrate or (b) the Sub-divisional Magistrate or (c) any Metropolitan Magistrate or Judicial Magistrate of the first class, as the case may be Under Sub-section (3) of the said section the powers conferred on the Board or Juvenile Court by or under the Act may also be exercised by the High Court and the Court of Session when the proceeding comes before them in appeal, revision or otherwise. Chapter III of the Act deals with neglected Juveniles, their production before Juvenile Boards, special procedure to be followed when neglected Juvenile has parents, inquiry by Board regarding neglected Juveniles etc. Section 18 under which the Petitioners have filed application before the learned Magistrate comes under Chapter IV of the Act. The said Chapter contains provision relating to delinquent juveniles, Sub-section (1) of Section 18 lays down that when any person accused of a bailable or non-bailable offence and apparently a Juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall, 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 hail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. Sub-section (2) of the said section provides that when such person having been arrested is not released on bail under Sub-section (1) by the officer-in-charge of the police Station, such officer shall caused him to be kept in an observation home or a place of safety in the prescribed manner (but not in a police station or Jail until he can be brought before a Juvenile Court In Sub-section (3) of the said section it is laid down that when such person is not released on bail under Sub-section (1) by the Juvenile Court it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order Section 19 of the Act provides that where a Juvenile is arrested, the officer-in-charge of the police station to which the juvenile is brought shall, as soon as may be after the arrest, inform (a) the parent of, guardian of the juvenile if he can be found, of such arrest and direct him to be present at the Juvenile Court before which the juvenile will appear; and (b) the probation officer of such arrest in order to enable him to obtain information regarding the antecedents and family history of the juvenile and other material circumstances likely to be of assistance to the Juvenile Court for making the inquiry. Chapter V of the Act deals with the procedure to be followed in proceedings before the competent authorities generally and appeals and revision from orders of such authorities. u/s 29 which comes under this Chapter, it is laid down that any competent authority before which a juvenile is brought under any of the provisions of the Act may, whenever it so thinks fit, require any parent or guardian having the actual charge of, or control over, the juvenile to be present at any proceeding in respect of the juvenile. u/s 33 of the Act the circumstances to be taken into consideration in making orders under the Act are enumerated as follows: (a) the age of the juvenile; (b) the state of physical and mental health of the juvenile; (c) the circumstances in which the juvenile was and is living; (d) the reports made by the probation officer; (e) the religious persuasion of the juvenile; (f) such other circumstances as may, in the opinion of the competent authority, require to be taken into consideration in the interest of the welfare of the juvenile: Provided that in the case of a delinquent juvenile the above circumstances shall be taken into consideration after the Juvenile Court has recorded a finding against the juvenile that he has committed the offence; Provided further that if no report of the probation officer is received within ten weeks of his, being informed u/s 19, it shall be open to the Juvenile Court to proceed without it. 6. From the statutory provisions noticed above, it is clear that under the scheme of the Act, it is intended that right from the inception of a proceeding the Juvenile Court or other statutory authority should take all possible steps which may be considered beneficial to the interest of the juvenile. The Court authority should bear in mind that even if the Juvenile is found to have committed an offence, he should not be sent to a Jailor even to police lock up In the present case, the Petitioner cannot be said to be delinquent Juveniles as defined u/s 2(a) of the Act as they have not yet been found to have committed the offence alleged against them, However, there appears to be little doubt that Section 18, 19, 29 and 33 of the Act apply to the Petitioners, The question for consideration is whether the provisions of Section 18(1) have been kept in view by the learned Magistrate while passing the impugned order. From the provisions of Section 18(1) it is dear that release of the juvenile on bail is the rule and the exceptional if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. From the provisions of Section 18(1) it is dear that release of the juvenile on bail is the rule and the exceptional if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. Therefore what the Magistrate is to consider is whether his release win harm the juvenile by bringing him into close association with known criminal or other agency or will expose him to moral danger. Otherwise the very purpose for which the statute is enacted as discussed above will be defeated. Though the learned Magistrate has repeated the language of the section in a general way, there is no indication in the order what are the reasonable grounds which led him to believe that the release of the Petitioners is likely to bring them into association with any Known criminal or expose them to moral danger etc. He has not referred to any known criminal with whom the Petitioners are likely to come into association in case of their release. He has also not found that the release would expose the Petitioners to moral danger. The learned Magistrate has also not paid attention to the procedure laid down u/s 19 and 29 and the criteria laid down u/s 33. It is thus amply clear that the learned Magistrate has not applied his mind to the relevant provisions of the Act. 7. For the foregoing reasons, the revision petition is allowed, the impugned order is set aside and the learned Magistrate is directed to consider the application filed u/s 18 of the act afresh in accordance with Law. Final Result : Allowed