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2013 DIGILAW 1679 (PNJ)

Inderjit Singh v. State of Punjab

2013-12-13

REKHA MITTAL

body2013
JUDGMENT Mrs. Rekha Mittal, J.:- The present petition has been directed against order dated 30.08.2013, passed by the Sessions Judge Barnala, whereby the appeal preferred by Inderjit Singh against order dated 22.07.2013, passed by the Principal Magistrate, Juvenile Justice Board, Barnala (in short, ‘the Board’), declining prayer of the petitioner for grant of bail in FIR No. 173 dated 04.07.2013 under Sections 363, 366-A, 376 of Indian Penal Code, registered at PS City Barnala, has been dismissed. 2. Counsel for the petitioner contends that as per allegations against the petitioner, he subject the prosecutrix, less than 18 years of age, to sexual intercourse. It is submitted that the petitioner was about 16 years of age at the time of alleged occurrence. The Board dismissed the application for bail, primarily, on the basis of report submitted by the Protection Officer, which in no way indicates that the petitioner is not entitled to bail keeping in view the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. It is argued with vehemence that the juvenile in conflict with law cannot be kept in custody merely on the ground that the offence is serious in nature. Counsel submits that the juvenile is entitled to bail as a matter of right and the same can be rejected only if there is material on record that his release will bring the juvenile in association with known criminal or expose him to moral, physical or psychological danger or would defeat ends of justice. 3. Counsel for the respondent has supported the orders impugned with the submissions that as the Protection Officer submitted a report that the juvenile is likely to misuse the bail by tampering with the prosecution evidence, the learned Board as well as the Court in appeal has rightly rejected his prayer for bail. 4. I have heard counsel for the parties and perused the records. 5. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides for bail to juvenile. A relevant extract from Section 12 of the Act reads as follows:- “12. 4. I have heard counsel for the parties and perused the records. 5. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 provides for bail to juvenile. A relevant extract from Section 12 of the Act reads as follows:- “12. Bail of 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 or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person 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.” 6. A perusal of the aforesaid provisions makes it evident that the Court has the discretion to ordinarily release a juvenile on bail but can also decline it if it has reasonable ground to believe that his release is likely to bring him in association with any known criminal or expose him to moral, physical and psychological danger or would defeat the ends of justice. 7. The orders passed by the Courts below do not record any such finding that, in case, the juvenile is released on bail, it is likely to bring him in association with known criminal or expose him to moral, physical and psychological danger. The prayer of the juvenile has been declined on the basis of report made by the Protection Officer in view of statement of the father of the prosecutrix and certain witnesses that the juvenile extended threats to them. It cannot be lost sight that the father of the prosecutrix, for obvious reason, would create impediment in the way of the petitioner to seek release on bail. The report submitted by the Protection Officer in the present circumstances cannot be made basis to decline discretion of the Court in favour of the juvenile. 8. In view of what has been discussed hereinabove, the impugned order is set aside. The report submitted by the Protection Officer in the present circumstances cannot be made basis to decline discretion of the Court in favour of the juvenile. 8. In view of what has been discussed hereinabove, the impugned order is set aside. Inderjit Singh, petitioner is ordered to be released on bail subject to furnishing bail bonds to the satisfaction of the Board. ---------0.B.S.0------------