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2012 DIGILAW 425 (PNJ)

Chand Singh v. State of Haryana

2012-03-05

DAYA CHAUDHARY

body2012
Daya Chaudhary, J.— Having lost before the Courts below, the petitioner has approached this Court by way of filing the present revision petition assailing the order dated 17.10.2011 passed by the Principal. Magistrate, Juvenile Justice Board, Rohtak and order dated 5.11.2011 passed by Additional Sessions Judge, Rohtak whereby the prayer of the petitioner for release on bail has been declined on the premise that there is likelihood to bring him into the association of had company and expose him to mora, physical or psychological danger. 2. Learned counsel for the petitioner while placing reliance upon, the Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 submits that the bail to juvenile is a rule and jail is exception. Nothing on record to show that there is reasonable ground for believing that the release is likely to bring him under the influence of any criminal or expose him to moral danger or defeat the ends of justice. Even the petitioner is having no criminal background, nor his parents are involved in any criminal activities. On that basis, it has been maintained that the petitioner may he released on bail. 3. Learned Senior Deputy Advocate General, Haryana submits that offence committed y the petitioner is heinous in nature arid, therefore, the petitioner is not entitled for bail. 4. After hearing learned counsel for the parties, I am of the view that it would be in the fitness of things where the benefit of Section 12 of the Act should be extender; to the petitioner. 5. In order to appreciate the controversy involved in the matter, it is necessary to reproduce Section 12 of the Act which is as under : "12. 5. In order to appreciate the controversy involved in the matter, it is necessary to reproduce Section 12 of the Act which is as under : "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 Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, be released on bail with or without surety [ or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not he 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 inch-urge 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 ar order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding nim as may be specific, in the order." 6. A bare perusal of the aforesaid Section clearly stipulates that the juvenile shall be released on bail with or without surety, unless and until there are reasonable grounds for believing that the release of juvenile is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or release would defeat the ends of justice. The aforesaid Section denotes "shall be", meaning thereby that it has to be complied with in letter and spirit. The aforesaid Section denotes "shall be", meaning thereby that it has to be complied with in letter and spirit. No doubt, the said section provides that in case there is any reasonable ground for believing that the release is likely two bring the juvenile into association with any known criminal or expose him to moral, physical or psychological danger or that release would defeat the ends of justice, benefit of release on bail to the juvenile can be declined. Before declining the benefit of release on bail, reasons are to be recorded. However, the Courts below have not recorded any reasons to show that there are reasons to believe that release of the petitioner would bring him into association with known criminals or expose him to moral, physical or psychological danger or Material/evidence has been placed on record to show that the release of the petitioner would defeat th2 ends of justice, they cannot be denied the benefit of bail. The prosecution has also not placed on record to show that the petitioner are having criminal background or his parents are involved in criminal activities. 7. In view of the aforesaid discussion, the present revision petition is allowed. The orders passed by the Courts below are set aside. The petitioner shall be released on bail on his furnishing bail bonds, and surety bonds to the satisfaction of Principal Magistrate, Juvenile Justice Board, Rohtak. Petition allowed.