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Judgment
Avneesh Jhingan , J
CRM-26163-2022
This is an application for condonation of delay of fifty-three days in filing the present revision petition.
For the reasons mentioned in the application, same is allowed.
CRR-1531-2022
This criminal revision petition is filed against orders dated 29th November, 2021 and 18th January, 2022 whereby the prayer for bail has been declined in case of FIR No.247, dated 4th December, 2020, under Sections 323, 326, 148 and 149 of Indian Penal Code, 1860, registered at Police Station Nangal.
The brief facts that FIR was registered at the instance of Hardeep Kumar @ Kaka (complainant). He stated that on 11th October, 2020, near Village Nangra, Satluj, a car stopped near him. The occupants of the car were Karan, Bobby, Kakku and Child in conflict with law (for short 'CCL'). They were armed with datars and Kirpans. Karan inflicted an injury on the head. CCL gave a blow on the left side of the head. Bobby gave a Kirpan butt blow. The injury attributed to CCL was declared dangerous. The prayer for bail was rejected by Principal Magistrate, Juvenile Justice Board on 29th November, 2021, stating that it is neither fit nor expedient to release the CCL on bail. The appeal filed against the order was dismissed on 18th January, 2022.
Learned counsel for the petitioner relies upon Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'J.J.Act') and submits that petitioner is in custody since 19th November, 2021.
Learned Sate counsel on instructions from ASI Surjit Singh submits that there is no Social Investigation Report to the effect that there are chances of CCL likely to involve himself in a criminal act.
Section 12 of the J.J. Act, is reproduced below:-
“Bail to a person who is apparently a child alleged to be in conflict with law.
(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 persons 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.
(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-incharge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under subsection (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.”
As per Section 12 of the J.J. Act, the general rule is bail and bail is to be denied only in cases falling under exceptions provided under the Section.
In the present case, no material for bringing the case of the petitioner in exceptions carved out under Section 12 of J.J. Act has been produced.
Considering that the petitioner is in custody since 19th November, 2021, petitioner is not involved in any other case, petitioner is entitled for the benefit of Section 12 of J.J. Act, and there is no material to bring the case within the ambit of exceptions provided in Section 12 of the J.J. Act, the criminal revision petition is allowed and the orders rejecting the bail and dismissing the appeal are set aside. The petitioner(CCL) be released on bail subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate/ Duty Magistrate concerned.
The petition is allowed.
It is clarified that observations made hereinabove shall not be construed as an expression of opinion on the merits of the case.