Bharat @ Bharat Ram vs State

Ajay Rastogi, J.—Instant revision petition u/s 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 ("Act, 2000") has been filed by petitioner (accused) assailing order dt. 01/12/07 in Cr Appeal No. 69/07 whereby Sessions Judge, Baran upheld the order dt.27/11/07 of Principal Magistrate, Juvenile Justice Board (CJM), Baran declining bail u/s 12 of the Act to the petitioner in FIR-633/07.

Circumstances leading to instant petition are that FIR-633/07 was registered on a report lodged by informant Mukesh at police station Kotwali (Baran) against petitioner for offence u/s 377, IPC, wherein he was arrested on 26/11/07 despite being a juvenile delinquent under the Act; since then is in custody. After investigation, charge sheet has been filed for offence u/s 377, IPC, against him.

Petitioner moved an application u/s 12 of the Act before Juvenile Justice Board but it was rejected vide order dt. 27/11/07 after taking note of seriousness of the offence allegedly committed by him - against which, he preferred an appeal u/s 52 of the Act, but was dismissed by Court of Sessions vide order dt. 01/12/07. Hence instant revision petition.

This Court has considered contentions of Counsel for the parties and with their assistance, examined material on record. Section 12 of the Act provides ad infra:

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 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 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.

(2) When such person having been arrested is not released on bail under Sub section (1) by the officer incharge 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.

Provisions (supra) clearly envisages that delinquent juvenile has to be released on bail irrespective of offence alleged to have been committed unless it is shown that 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 the ends of justice.

As stated in Objects & reasons, the Act, 2000 is a special Act restraining the Courts from refusing the bail to a delinquent juvenile; and it has been introduced because the justice system as available for adults is not considered suitable for being applied to a juvenile or the child or any one on their behalf including voluntary organizations, police, social workers or parents and guardians; and much greater attention is required to be given to children in conflict with law or those in need of care and protection. Thus, the legislature considered it proper to lay down the Act, 2000 to make the juvenile system meant for a juvenile or the child more appreciative of the development needs in comparison to criminal justice system as applicable to adults and provisions of the Act were enacted to reform juvenile/child and to save them from becoming hardened criminals.

It is not in dispute that on the date of alleged incident, petitioner was a juvenile in terms of Section 2(k) of the Act, 2000. Taking note of the Scheme of Act, 2000 and Section 12 in particular, this Court is of the opinion that the bail to delinquent juvenile/child as contemplated in Section 12 is a rule and mandate of the Act irrespective of the nature and seriousness of the offence allegedly committed by him. Section 12 provides grounds and circumstances in which bail can be declined to a juvenile delinquent. Such grounds are that his release on bail is likely to bring him into association with any known criminal or expose to moral danger or that it would defeat the ends of justice but there should be material on record to show any of circumstances (supra) exists to decline the bail.

In instant case, it appears from record that neither juvenile Justice Board nor Court of Sessions have at all looked into provisions of Section 12 of the Act, 2000 before declining bail to the petitioner. None of grounds on which bail could be declined to juvenile as per Section 12, have been considered either by Juvenile Justice Board or Court of Sessions.

In fact, main emphasis for rejection of bail to the petitioner (juvenile delinquent) was on the nature & seriousness of the offence alleged against him, which in the opinion of this Court is hardly having any relevance for refusal of bail to delinquent juvenile u/s 12 of the Act, 2000, which is a beneficial and social oriented legislation, therefore, should be given full effect by all concerned whenever matter relating to a juvenile/child delinquent comes for consideration.

In the result, revision petition is hereby allowed. Orders dt. 01/12/07 of Sessions Judge, Baran in Appeal No. 69/07 and dt. 27/11/07 of Principal Magistrate, Juvenile Justice Board cum CJM Baran declining bail to petitioner (Bharat @ Bharat Ram) are set aside and it is directed that he be released on bail provided his natural guardian furnishes a personal bond in a sum of Rs. 20,000/- (Twenty thousand) with one surety in like amount to the satisfaction of the Juvenile Justice Board (CJM) concerned with the stipulation that on all subsequent dates of hearing he shall produce the petitioner so as to appear before the Board (CJM) or any other Court pendente inquiry in the case arising out of FIR-633/07 PS Kotwali (Baran) till conclusion of the trial; and the guardian shall properly look after the delinquent child and keep him away from the company of known criminals.

A copy of this order be sent to the Juvenile Board & appellate court.