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2013 DIGILAW 897 (RAJ)

Balli @ Baldhari v. State of Rajasthan

2013-05-06

NARENDRA KUMAR JAIN II

body2013
JUDGMENT 1. - Heard learned counsel for the petitioner (a juvenile- through his brother Vikram) as well as learned Public Prosecutor appearing on behalf of the respondent-State. 2. This revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act of 2000') has been filed against the order dated 13.02.2013 passed by learned Session Judge, Alwar (hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 57/2013, whereby the Appellate Court dismissed the appeal of the petitioner and upheld the order dated 08.02.2013 passed by the Principal Magistrate, Juvenile Justice Board, Alwar in FIR No. 48/2013 registered at Police Station Laxmangarh for offence under Sections 498A and 304B IPC, dismissing the bail application of the petitioner filed under Section 12 of the Act of 2000. 3. The allegation of offence against the petitioner is under Sections 498A and 304B IPC. The bail application filed by the petitioner under Section 12 of the Act of 2000 before Principal Magistrate, Juvenile Justice Board, Alwar was rejected vide order dated 08.02.2013. Being aggrieved by the said order, an appeal under Section 52 of the Act of 2000 was filed by the petitioner before the Appellate Court and the same has been dismissed by learned Appellate Court vide impugned order dated 13.02.2013. Dissatisfied by the orders dated 13.02.2013 and 08.02.2013 passed by the Courts below, the petitioner has preferred this revision petition under Section 53 of the Act of 2000 before this Court. 4. Learned counsel for the petitioner vehemently submitted that impugned orders passed by the Courts below are illegal, unsustainable in the eyes of law and totally against the provisions of law. Learned Courts below have not appreciated the fact that the petitioner is a juvenile and entitled to get benefit of provisions of the Act of 2000. Section 12 of the Act of 2000 clearly provides that if the petitioner is juvenile, then he should be released on bail, but learned Courts below fully ignored the provisions of the Act of 2000. The petitioner has been falsely implicated in this case. There is no evidence on record to show the involvement of the petitioner in the present case. The petitioner is in custody since long time and no further detention of the petitioner is required for any purpose. The petitioner has been falsely implicated in this case. There is no evidence on record to show the involvement of the petitioner in the present case. The petitioner is in custody since long time and no further detention of the petitioner is required for any purpose. There is no evidence to show that if the juvenile-petitioner is released on bail, then his 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 ends of justice. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile. Learned Courts below in quite cursory manner have declined bail to the applicant-petitioner. He further contended that the impugned orders passed by the courts below are not based upon definite facts and they are based on surmises and conjectures. 5. On the other hand, learned Public Prosecutor defended the impugned order passed by the Juvenile Justice Board in declining the bail to the petitioner as also the order passed by the Appellate Court upholding the order passed by the Juvenile Justice Board. In compliance of order dated 20.03.2013 passed by this Court, he has produced a report of Superintendent of Juvenile Justice Home, Department of Social Justice and Empowerment, Alwar in which the character and conduct of the petitioner has been found very good and as per the report, if the petitioner-juvenile is released on bail, then his release is not likely to bring him into association with any known criminal, or expose him to moral, physical or psychological danger, or that his release would not defeat ends of justice. Report No. 163 dated 01.05.2013 produced by learned Public Prosecutor is taken on record. Report No. 163 dated 01.05.2013 produced by learned Public Prosecutor is taken on record. Relevant portion of the report reads as under: " fnukad 30-4-2013 xzke rqlkjh rg0 dBwej esa igqapdj mDr cky vipkjh ds lEcU/k esa tuizfrfuf/k ,oa xzkeokfl;ksa ds fyf[kr ,oa ekSf[kr c;ku fy, ftuds vk/kkj ij vipkjh dks tekur ij NksM+s tkus ls xkao dh 'kkafr O;oLFkk ij dksbZ vlj ugha iM+sxkA ikl iM+kSl ds yksxksa }kjk Hkh tekur ij vkus ls yM+kbZ >xM+k dh lEHkkouk ls bUdkj fd;k gS D;ksafd ihfM+r ifjokj dk xkao pkaniqj ;gka ls djhc 20 fdyksehVj nwjh ij gSA fu"d"kZ %& vipkjh vkbZ0ih0lh0 dh /kkjk 498,] 304ch ds vUrxZr lEizs{k.k ,oa fd'kksj x`g vyoj esa izosf'kr gSA xzkeokfl;ksa ,oa vU; x.kekU; yksxksa us Hkh vipkjh ds tekur ij vkus dh flQkfj'k dh gSA vr% mDr rF;ksa dks e/;utj j[krs gq;s mDr vipkjh dks mfpr eqpydk ,oa tekur ysdj tekur Lohd`r fd;k tkuk mfpr izfrr gksrk gSA " 6. I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2000 and the Report No. 163 dated 01.05.2013 submitted by learned Public Prosecutor. It appears that for the protection of juvenile, this special Act has been enacted. Section 12 of the Act of 2000 indicates that if a juvenile is arrested or detained or appears or is brought before a Board, such juvenile shall 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. 7. The language of Section 12 of the Act of 2000 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where there appears 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 ends of justice. 8. In this context, I have also scanned through and perused the orders passed by the courts below, FIR of the case as well as the report submitted by learned Public Prosecutor. 9. 8. In this context, I have also scanned through and perused the orders passed by the courts below, FIR of the case as well as the report submitted by learned Public Prosecutor. 9. Having carefully examined provisions of the Act of 2000 vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2000, is made out. The learned Principal Magistrate, Juvenile Justice Board as well as learned Appellate Court have not properly appreciated the provisions envisaged under Section 12 of the Act of 2000. In my humble opinion, the Act of 2000 being a beneficiary and social reforms oriented legislation, should be given full effect by all concerned, whenever matters relating to juvenile come for consideration before them. 10. In view of the aforesaid discussion, this revision petition is allowed and the order dated 08.02.2013 passed by the Principal Magistrate, Juvenile Justice Board, Alwar as well as order dated 13.02.2013 passed by learned Session Judge, Alwar, declining bail to the petitioner are hereby set aside. 11. It is ordered that the juvenile accused-petitioner Balli @ Baldhari S/o. Gangaram shall be released on bail, upon furnishing a personal bond by his brother, Vikram in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) along with a surety in the like amount to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Alwar; with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court, during pendency of the investigation/trial in the case and that his guardian shall keep proper look after of the delinquent child and secure him away from the company of known criminals. 12. S.B. Criminal Misc. Stay Application No. 608/2013 stands disposed of.Petition Allowed. *******