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2006 DIGILAW 830 (DEL)

PARAMVEER ALIAS SONU v. STATE GOVERNMENT OF NCT OF DELHI

2006-05-03

BADAR DURREZ AHMED

body2006
BADAR DURREZ AHMED, J. ( 1 ) THIS revision petition is in respect of an order dated 25. 11. 2005 passed by the learned Additional Sessions Judge which, in turn, was passed in an appeal preferred by the petitioner against an order dated 9. 11. 2005 passed by the Juvenile Justice Board. Vide the order dated 9. 11. 2005 the bail application of the juvenile was rejected by the said Juvenile Justice Board. The learned additional Sessions Judge had confirmed the order by virtue of the impugned order dated 25. 11. 2005. ( 2 ) I have heard the learned counsel for the parties. ( 3 ) UPON going through the impugned order, I am immediately struck by the complete lack of understanding of the provisions of Section 12 of the juvenile Justice (Care and Protection of Children) Act, 2000 displayed by the courts below. The said Act and particularly Section 12 thereof clearly makes it mandatory upon the Court to release a person on bail if he is apparently a juvenile. The specific instances under which the juvenile is not to be released on bail are also clearly indicated in the said Section. If those conditions are satisfied then, and only then, the juvenile is not to be released on bail. If those conditions are not satisfied then it is a mandatory requirement of the section that the juvenile shall be released on bail. I find that in the impugned order there is no discussion whatsoever of the conditions for not granting bail to the petitioner yet the learned Additional Sessions Judge had refused bail to the juvenile. ( 4 ) IN these circumstances, I see no alternative but to set aside the impugned order and remand this matter to the learned Additional Sessions judge for fresh consideration of the entire matter keeping in mind the express provisions of Section 12 of the said Act. It is also hoped that the learned additional Sessions Judge will expedite the hearing and conclude the same within two weeks of receipt of this order. The matter be now fixed before the learned additional Sessions Judge, in the first instance, on 10. 5. 2006. It is also hoped that the learned additional Sessions Judge will expedite the hearing and conclude the same within two weeks of receipt of this order. The matter be now fixed before the learned additional Sessions Judge, in the first instance, on 10. 5. 2006. ( 5 ) THE social investigation report which is also very material on the question of grant of bail to the juvenile has not been mentioned at all and it would be appropriate that when courts hear such matters, there must be a discussion of the relevant factors indicated in the social investigation report, if the same is available. ( 6 ) THE impugned order is set aside and remanded to the learned additional Sessions Judge as indicated above. Dasti. .