JUDGMENT : Alok Singh, J. This is a 2nd bail application seeking regular bail in Case Crime No. 265 of 2012 (S. To. No. 49 of 2013), under Sections 363, 366-A, 342, 506 and 376 I.P.C, Police Station Laksar, District Haridwar. Learned counsel for the applicant submits that when applicant was produced before the Magistrate and judicial remand was sought, a request was made before the learned Magistrate that applicant was juvenile on the date of incident, therefore, he should be dealt as per the provision of Juvenile Justice Act. However, without deciding the question of juvenility as required under Section 7A of Juvenile Justice (Care and Protection of Children) Act, 2000, learned Magistrate sent the applicant in jail. He further contended that at the time of seeking bail again question of juvenility was raised before the Trial Court, i.e. 6th Addl. Sessions Judge, Haridwar. Learned 6th Addl. Sessions Judge, Haridwar, in the order rejecting bail, has specifically observed that date of birth of the applicant was 15.10.1997 and date of incident was 26.09.2012, therefore, on the date of incident, applicant was 14 years 11 months and 11 days old. However, despite this fact, he has rejected the bail application and till date has not passed any order on the question of juvenility. This is a very serious matter and there seems to be serious lapses on the part of the learned Ramand Magistrate as well as on the part of learned Trial Court. Let applicant be enlarged on bail immediately on furnishing personal bond by his father of Rs.50,000/- to the satisfaction of the learned A.C.J.M. Laksar that juvenile shall remain in his custody and protection and shall be produced before the Juvenile Justice Board or Court whenever required. Let comments be called from the Presiding Officer of Court of 6th Addl. Sessions Judge, Haridwar as well as from the Magistrate who had granted judicial remand to the applicant within ten days and comments so received shall be placed before me. Learned 6th Addl. Sessions Judge is directed to decide the question of juvenility as provided under Section 7A of the Act and Rule 12 of the Rules without any undue delay before proceeding with the trial further.
Learned 6th Addl. Sessions Judge is directed to decide the question of juvenility as provided under Section 7A of the Act and Rule 12 of the Rules without any undue delay before proceeding with the trial further. In my considered opinion, whenever a person is produced before the learned Magistrate or any Court and question of juvenility is raised, learned Magistrate / Court is duty bound to decide the question of juvenility first and if on the appearance accused seems to be juvenile, he should not be lodged in regular jail with hard core criminals. No trial court shall proceed with the trial unless and until question of juvenility, if raised, is decided under Section 7A of the Act read with Rule 12 of the Juvenile Justice Rule. Let copy of this order be circulated to all the Judicial Officers in the State to ensure compliance. Bail application stands allowed accordingly.