JUDGMENT 1. - By this revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to be as the Act), the petitioner has sought bail in F.I.R. No. 123/2008 registered at Police Station, Kishanganj, District Baran. 2. It is contended by the learned counsel for the petitioner that in view of the provisions contained in Section 12 and other provisions of the Act, the bail application of the accused was required to be granted. It is contended that the provisions of the Act entitles a juvenile to be released on bail unless it is shown to the Court that juvenile will come in contract with the criminals or the circumstances stated in aforesaid section requires rejection of bail. It is also contended that as a matter of right the juvenile is to be granted bail and his trial is also required to be conducted separately. It is also contended that even after trial accused is found guilty then also capital punishment cannot be passed against the juvenile. In the last, it is contended that neither the trial court nor the appellate court considered the mandatory requirement of Section 12 of the Act. 3. On the other hand, the learned Public Prosecutor contends that in view of offences alleged to have been committed under section 306 & 307 I.P.C. the accused petitioner was not entitled to be released on bail. 4. After having considered the submissions made before me and on perusal of the rejection orders passed by the courts below in my opinion unless it is found that the rejection of bail is essential in view of the provisions contained in Section 12 of the Act till then bail of the juvenile is not required to be rejected. A perusal of the provisions of the Act indicates that it is a beneficiary legislation to protect the interest of a juvenile. The courts are required to consider the mandatory provisions of the Act. It appears that both the courts below have not considered the matter in correct perspective. Therefore, the accused petitioner is entitled to be released on bail. 5. The net result of the above discussion is that this revision petition is allowed. The orders of the Juvenile Court as well as of the learned Sessions Judge declining bail to juvenile accused petitioner are set aside.
Therefore, the accused petitioner is entitled to be released on bail. 5. The net result of the above discussion is that this revision petition is allowed. The orders of the Juvenile Court as well as of the learned Sessions Judge declining bail to juvenile accused petitioner are set aside. It is directed that he shall be released on bail on furnishing a personal bond by his mother (natural guardian) along with one surety in the sum of Rs. 10,000/- each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Baran on the usual terms and conditions with the stipulation that on all subsequent dates of hearing he shall appear before the said court or any other court during pendency of inquiry in the case.Revision Petition allowed. *******