Research › Search › Judgment

Allahabad High Court · body

2003 DIGILAW 368 (ALL)

Pankaj v. State of U. P.

2003-02-19

K.N.SINHA

body2003
K. N. SINHA, J. ( 1 ) THE present revision has been filed against the judgment and order dated 5/2/2003 passed by Sessions Judge, Kanpur Nagar, in Bail application 51 of 2003 under Section 52 of Juvenile Justice Act, 2000, in which the judgment and order dated 3/1/2003 passed by Chief Metropolitan Magistrate. Kanpur Nagar, was challenged. ( 2 ) THE brief facts giving rise to this revision are that the revisionist was detained in case crime No. 234/2002 under Sections 323/504/506 and 304 IPC Police Station Bithur, Kanpur Nagar. The revisionist moved an application before the Chief Metropolitan Magistrate, Kanpur Nagar, who declared him to be juvenile by order dated 3/1/2003 but refused the bail on the ground that the offence is of heinous nature and is exclusively triable by the court of sessions. An appeal against the said order was preferred but the Sessions Judge Kanpur Nagar, dismissed the appeal. ( 3 ) THE factum of revisionist being juvenile had not been disturbed by the appellate Court but his appeal has been dismissed without applying mind or caring for the law. Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000, herein referred to Act is very clear on this point. The relevant portion of Section 12 runs as follows: 12. Bail of Juvenile (2) when any person accused of a bailable or nonbailable offence and apparently a juvenile, is arrested or detained or appears or is brought before a Board, 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 bail 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, physical or psychological danger or that his release would defeat the ends of justice. ( 4 ) ACCORDING to Sub-section (1) of Section 12 any person, being juvenile, shall be released on bail with or without surety. However, for refusal of the bail there are only three groundsfirstly if the release is likely to bring him into the association with any known criminal. Secondly, exposes him to moral, physical or psychological danger and thirdly if his release would defeat the ends of justice. However, for refusal of the bail there are only three groundsfirstly if the release is likely to bring him into the association with any known criminal. Secondly, exposes him to moral, physical or psychological danger and thirdly if his release would defeat the ends of justice. ( 5 ) THIS Court has been repeatedly directing that if the release is refused on these grounds the court should record finding as to whether any such ground exists or not. It is not that the mere quoting of few lines from this Act, the bail should be refused. ( 6 ) THE impugned order does not show any such ground either in the order of the Chief Metropolitan Magistrate or in the order of the Magistrate. The Magistrate in his order dated 3/1/2003 has refused the bail firstly on the ground that it is exclusively triable by the court of Sessions and the offence being of heinous nature, which is no ground for refusing bail under/section 12 of the Act, as referred to above. The appellate court also almost summarily dismissed the appeal without properly appreciating the law on this point and even without discussing the law which he has already cited in paragraph one of the judgment. The appellate court has refused the bail finding that in view of the injuries on the body and the circumstances in which the offence has been committed, the release was not justified. This is no ground for refusal of the bail. ( 7 ) THE Magistrate and the appellate court, both have ignored the provisions of Section 12 of the Act and the various pronouncement of the superior court on the subject. The revision is, therefore, allowed. ( 8 ) THE revisionist Pankaj shall be released on bail on his guardians furnishing a Personal bond and two sureties each in the like amount to the satisfaction of Chief Metropolitan Magistrate Kanpur Nagar. Petition allowed. . .