Mohd. Jaffa vs State of Uttarakhand

V.K. Bist, J.—Heard learned counsel for the parties.

This criminal revision has been filed by the revisionist for quashing and setting aside the judgment and order dated 10.12.2013, passed by the learned I Addl. Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 271 of 2013 "Mohd. Jaffar Vs. State of Uttarakhand" and order dated 18.11.2013 passed by the learned Juvenile Justice Board, Udham Singh Nagar.

Learned counsel for the revisionist submitted that revisionist was arrested in connection with FIR No. 526 of 2013, relating to offences punishable u/s 365, 302, 201 IPC. He submitted that the revisionist is in jail since 27.10.2013. Thereafter, the revisionist moved bail application before the Juvenile Justice Board, but the same was rejected vide order dated 20.11.2013. Learned counsel for the revisionist argued that the order passed by the Juvenile Board is incorrect.

Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, provides that 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 [or placed under the supervision of a Probation Officer or under the care of any fit institution or fit 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.

Thus, as per Section 12 of the Act, the revisionist shall be subject to the condition mentioned in the Act. In the present case, admittedly, the revisionist is a Juvenile. Learned counsel for the revisionist submitted that the family members of the revisionist have no criminal history. Parents of the revisionist are ready to keep revisionist with him and are ready to give undertaking.

Considering the facts and circumstances of the case, this Court finds it a fit case for granting bail.

The revision is allowed. Impugned judgment and order dated 10.12.2013, passed by the learned I Addl. Sessions Judge, Udham Singh Nagar, in Criminal Appeal No. 271 of 2013 "Mohd. Jaffar vs. State of Uttarakhand" and order dated 18.11.2013 is set aside.

Let revisionist Mohd. Jaffar be released on bail on executing personal bond and furnishing two sureties each of the like amount by his natural guardian and father to the satisfaction of Principal Judge, Juvenile Justice Board Udham Singh Nagar. His father shall give undertaking that the Juvenile will remain in his custody.