Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 963 (RAJ)

Pyarelal S/o Shri Dedaram v. State of Rajasthan

2017-04-12

VIJAY BISHNOI

body2017
JUDGMENT/ORDER : Mr. Vijay Bishnoi, J. 1. This criminal revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015' hereinafter) is directed against the order dated 27.02.2017 passed by the learned Sessions Judge, Pali (for short 'the appellate court' hereinafter), whereby the appeal filed by the juvenile through his guardian under Section 101 of the Act of 2015 against the order dated 20.02.2017 passed by Principal Magistrate, Juvenile Justice Board, Pali (for short' the trial court' hereinafter) on an application under Section 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed. 2. Learned counsel for the petitioner has submitted that the allegation of rolling over tractor upon the deceased is against co-accused Kalu Ram @ Jagdish. It is contended that the petitioner has falsely been implicated in this case. It is also contended that no other criminal case has ever been filed against the petitioner and there is no possibility that after releasing of the petitioner from the remand home, he will come in contact with the known criminals or release of the petitioner from remand home will defeat the ends of justice. 3. Learned Public Prosecutor has opposed the prayer made on behalf of the petitioner and argued that the allegations against the petitioner are of serious nature, therefore, he is not entitled to be released on bail. 4. Heard the learned counsel for the petitioner and the Public Prosecutor and perused the report of the Assistant Director, Social Justice and Empowerment Department, Pali dated 16.02.2017, submitted before this Court. Section 12(1) of the Act of 2015 reads as under: "12. 4. Heard the learned counsel for the petitioner and the Public Prosecutor and perused the report of the Assistant Director, Social Justice and Empowerment Department, Pali dated 16.02.2017, submitted before this Court. Section 12(1) of the Act of 2015 reads as under: "12. (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or 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 person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision" From perusal of section 12(1) of the Act of 2015, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of the delinquent juvenile 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. The nature of offence and the merits of the case do not have any relevance. It is for the prosecution to bring on record such material while opposing the bail and make out any of the grounds provided in the section, which may persuade the Court not to release the juvenile on bail. But in this case, there is nothing on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of justice. 5. But in this case, there is nothing on record to show that the release of the petitioner is likely to bring him into association with any known criminal or expose to moral, physical or psychological danger or that his release would defeat the ends of justice. 5. It is also noticed that on the report dated 16.02.2017, the Assistant Director, Social Justice and Empowerment Department, Pali has recommended that the petitioner requires rehabilitation with his family and no other case is pending against the juvenile. 6. In view of the above discussion, the revision petition is allowed. The impugned orders dated 27.02.2017 and 20.02.2017 are set aside and it is directed that petitioner - Pyarelal S/o Shri Dedaram,by Caste Choukidar, Resident of Chandawal, Tehsil Sojat, District Pali be released on bail provided his natural guardian father - Dedaram S/o Shri Chimna Ram, By Caste Choukidar, Resident of Chandawal, Tehsil Sojat, District Pali furnishes a personal bond in the sum of Rs. 25,000/- with a surety bond in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Pali with the stipulation that on all subsequent dates of hearing, he shall produce the petitioner before the Juvenile Justice Board, Pali or any other Court till the enquiry or trial is concluded. 7. The report of the Assistant Director, Social Justice and Empowerment Department, Pali dated 16.02.2017, be taken on record.