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2005 DIGILAW 969 (PNJ)

Parveen @ Fattey v. State Of Haryana

2005-09-09

K.S.GAREWAL

body2005
Judgment K.S.Garewal, J. 1. Parveen alias Fateh is a juvenile and is before the Juvenile Justice Board, Sonepat where an enquiry against him is in progress. He was last produced before the Board in custody on September 5, 2005 and was directed to be produced again on September 19, 2005. During the interim period he was kept in protective custody. 2. The juvenile in this case is said to have committed offences under Sections 392, 397, 412, 120-B I.P.C. in respect of which F.I.R. No. 223 dated September 29, 2004 was registered at Police Station City, Bahadurgarh, District Jhajjar. The case relates to robbery of Rs. 2.42 lacs in cash from Ram Chander after executive HC Kamal Singh, who was accompanying Ram Chander, was disabled when chilly power was thrown in his eyes. 3. Be that as it may, it was for the Juvenile Justice Board to enquire if juvenile had committed the offence. The enquiry against the juvenile is in progress but it is more than 4 months and it had not been completed. 4. Proviso to Section 14 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 states that enquiry under Section 14 shall be completed within a four months unless the period is extended, having regard to the circumstances of the case and after recording reasons in writing for such extension. There appears to be no special reason which may require the inquiry to carry on for longer than four months. Therefore, the enquiry must be completed expeditiously not later October 31, 2005. 5. Thereafter, the Board shall have to examine whether the juvenile had committed any offence and pass an order under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000. If the Board finds that the juvenile has not committed any offence then he would be allowed to return home. 6. The petitioner has been accused in five other cases which are enumerated in para 9 of the order of learned Additional Sessions Judge, Sonepat dated June 8, 2005 annexed as Annexure P-3 to this petition. This factor would also be taken into consideration by the Juvenile Justice Board. 7. However, further detention of the juvenile in custody may cause him more than good. This factor would also be taken into consideration by the Juvenile Justice Board. 7. However, further detention of the juvenile in custody may cause him more than good. If the petitioner is released on bail and allowed to return home then the soothing effect of love and affection of his parents and family may be of some help in softening his attitude towards society and may not expose him to further psychological harm. Under the circumstances petitioner is admitted to bail. He shall be released on bail on furnishing adequate surety to the satisfaction of the Principal Magistrate, Juvenile Justice Court, Sonepat.