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Rajasthan High Court · body

2005 DIGILAW 2801 (RAJ)

Ranjeet v. State of Rajasthan

2005-10-25

H.R.PANWAR

body2005
Judgment H.R. Panwar, J.-The instant criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, “the Act”) has been filed against the order dated 12.01.2005 passed by the Sessions Judge, Bikaner (for short, “the Appellate Court” hereinafter) in Appeal No. 4/2005, by which the Appellate Court dismissed the appeal filed on behalf of petitioner Ranjeet and affirmed the order dated 212.2004 passed by the Principal Magistrate, Juvenile Justice Board, Bikaner (for Short, “the Juvenile Justice Board” hereinafter) in FIR No. 170/2002, Police Station Loonkaransar, district Bikaner, declining to release the delinquent juvenile on bail. .2. Petitioner Ranjeet is a juvenile delinquent, against whom a charge-sheet for the offences under Sections 302,307, 376, 323, 325, 447 458, 201, 147, 148 and 149, IPC has been filed before the Juvenile Justice Board. His parents, viz. Triloka Ram and Smt. Khemi, were also tried, alongwith Narain Ram, Sahi Ram, Mohan Ran and Amara Ram by the learned Additional Sessions Judge (Fast Track) No. 1 Bikaner for the offences under Sections 147, 148, 302, 302/149, 307 307/149, 323, 323/149, 447, 379, 379/149, 376 and 458 IPC, however, after trial petitioners parents Triloka Ram and Smt. Khemi and others have been acquitted by the Additional Sessions Judge (Fast Track) No. 1, Bikaner, vide Judgment and order dated 05.08.2005. An application under Section 52 of the Act was filed on behalf of the petitioner for releasing him on bail, which stood dismissed by the Juvenile Justice Board, Bikaner vide order dated 212.2004. The appeal preferred against that order also stood dismissed by the appellate Court vide impugned order dated 12.01.2005. Hence, this revision petition. .3. I have heard learned Counsel for the parties and perused the orders passed by the Courts below. Sub-clause (k) of Section 2 of the Act defines “juvenile” or “child”, which reads as under:-“Section 2 (k).- “Juvenile” or “child” means a person who has not completed eighteenth year of age.” Section 12 of the Act reads as under:-“Section 12. .3. I have heard learned Counsel for the parties and perused the orders passed by the Courts below. Sub-clause (k) of Section 2 of the Act defines “juvenile” or “child”, which reads as under:-“Section 2 (k).- “Juvenile” or “child” means a person who has not completed eighteenth year of age.” Section 12 of the Act reads as under:-“Section 12. Bail to Juvenile.-(1) 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 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. .(2) 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 cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. .(3) When such person is not released on bail under Sub-section (1) by the Board 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.” 4. From the perusal of Section 12 of the Act, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of delinquent juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his released would defeat the ends of justice. Section 12 of the Act is a special provision injucting the Courts from refusing bail to a delinquent juvenile except for the reasons stated in the section itself , i.e., if he be so released there are reasonable grounds for believing that he will come 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. 5. At the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. The language of Section 12 of the Act, using the word “shall” is mandatory in nature and providing non-obstante clause by using the expression “notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time-being in force be released on bail” shows the intention of the Legislature to grant bail to the delinquent juvenile offender by releasing him on bail who is arrested or produced before a Court; however, with exception to release him on bail if there are reasonable grounds for believing that his 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. It is for the prosecution to bring on record such material while opposing the bail and to make out any of the grounds provided in this section which may persuade the Court not to release the juvenile on bail. 6. The Act is beneficial and social-oriented legislation which needs to be given full effect by all concerned whenever the case of juvenile comes before them. In absence of any material or evidence of reasonable ground to believe that the delinquent juvenile, if release on bail, is likely to come into association with any known criminal or expose him to moral, physical or psychological danger, it cannot be said that his release would defeat the ends of justice. On the contrary, keeping in view the legislative intent in enacting the Act, the juvenile offender deserves to be released on bail. 7. In the instant case, there is no dispute that the petitioner is a juvenile. On the contrary, keeping in view the legislative intent in enacting the Act, the juvenile offender deserves to be released on bail. 7. In the instant case, there is no dispute that the petitioner is a juvenile. The Courts below refused bail to the petitioner only on the ground that possibility cannot be ruled out that in case of his release on bail, the petitioner may come in association with known criminal and expose him to moral, physical and psychological danger. 8. It is settled proposition of law that at the time of considering the case of bail under Section 12 of the Act, the merit of the case cannot be a ground to refuse bail to a juvenile and the only exception provided for refusing the bail is provided under Section 12 of the Act itself . Section 12 of the Act provides that a delinquent juvenile can be refused bail if there appears reasonable grounds for believing that his 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. None of these grounds exist. Now the parents of the petitioner have been acquitted and released vide Judgment and order dated 212.2004 passed by the Additional Sessions Judge (Fast Track) No. 1, Bikaner. According to the learned Counsel, they would keep proper look-after of the petitioner and keep him away from the company or association of known criminal. In this view of the matter, the orders passed by both the Court below, declining bail to the petitioner, cannot be sustained and are liable to be set-aside. 9. Consequently, the revision petition is allowed; the impugned orders passed by the Courts below are set-aside and it is directed that petitioner Ranjeet S/o Shri Triloka Ram be released on bail provided his father, the natural guardian, furnishes a personal bond in the sum of Rs. 10,000/-with a surety in the like amount to the satisfaction of the Juvenile Justice Board, Bikaner with the stipulation that on all subsequent dates of hearing, he shall produce the juvenile before the said Board or any other Court during pendency of the inquiry in the case and the natural guardian shall keep proper look-after of the delinquent child and keep him away from the company of known criminals.