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JAGDISH PRASAD versus STATE

High Court of Rajasthan

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JAGDISH PRASAD v STATE - CRLR Case No. 717 of 2007 [2007] RD-RJ 3980 (16 August 2007)

IN THE HIGH COURT OF JUDICTURE FOR RAJASTHAN AT

JODHPUR.

ORDER

Jagdish Prasad. Versus State of Rajasthan.

S.B. Criminal Revision Petition No.717/2007 ...

Date of Order: August 16, 2007

PRESENT

HON'BLE MR. JUSTICE H.R. PANWAR

Mr. J.P. Chhangani, for the petitioner.

Mr. V.R. Mehta, Public Prosecutor for the State.

BY THE COURT:

By the instant criminal revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, "the Act" hereinafter), the petitioner, through his grand-father Lichha Ram, has challenged the order dated 10-7-2007 passed by the Sessions Judge, Bhilwara (for short,

"the Appellate Court" hereinafter) in Criminal Appeal

No.115/2007, whereby the appeal filed by the petitioner against the order dated 2-7-2007 passed by the Principal Magistrate,

Juvenile Justice Board, Bhilwara, was dismissed.

The petitioner is facing trial for the offences under

Sections 304-B, 498-A IPC before the Juvenile Justice Board and the allegation against him. He moved an application under

Section 12 of the Act, which came to be dismissed by the trial

Court and the appeal filed against that order also came to be dismissed. Hence this revision petition.

Sub-clause (k) of Section 2 of the Juvenile Justice

(Care and Protection of Children) Act, 2000 (for short, "the Act") defines "juvenile" or "child", which reads as under:-

"Sec. 2(k).- "Juvenile" or "child" means a person who has not completed eighteenth year of age."

Section 12 of the Act reads as under:-

"Section 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 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 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.

(2)When such person having been arrested is not released on bail under sub-section (1) by the officer-in-charge 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 an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."

From th perusal of Section 12 of the Act, 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 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. Section 12 of the Act is a special provision injucting the courts from refusing bail to a delinquent juvenile except for the reasons stated in the section itself, i.e. if he be so released there are reasonable grounds for believing that he will come 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.

At the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. The language of Section 12 of the Act, using the word "shall" is mandatory in nature and providing non-obstante clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 ( 2 of 1974) or any other law for the time-being in force be released on bail" shows the intention of the Legislature to grant bail to the delinquent juvenile offender by releasing him on bail who is arrested or produced before a

Court; however, with exception to release him on bail if there are reasonable grounds for believing that 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 the ends of justice. It is for the prosecution to bring on record such material while opposing the bail and to make out any of the grounds provided in this Section which may persuade the court not to release the juvenile on bail.

The Act is beneficial and social-oriented legislation which needs to be given full effect by all concerned whenever the case of juvenile comes before them. In absence of any material or evidence of reasonable ground to believe that the delinquent juvenile, if release on bail, is likely to come into association with any known criminal or expose him to moral, physical or psychological danger, it cannot be said that his release would defeat the ends of justice. On the contrary, keeping in view the legislative intent in enacting the Act, the juvenile offender deserves to be released on bail.

In the result, the criminal revision petition is allowed; the impugned order dated 10-7-2007 passed by the Appellate

Court is set aside and it is directed that the juvenile delinquent

Jagdish Prasad S/o Sharawan Kumar Meghvanshy, be released on bail, provided his grand-father Lichha Ram S/o Jasa Ram

Meghwanshi furnishes a personal bond in the sum of Rs.10,000/- to the satisfaction of the Juvenile Justice Board to the effect that he shall keep the juvenile delinquent away from the association or company of the harden offenders and keep a surveillance on the activities of the juvenile offender.

(H.R. PANWAR), J. mcs


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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