Parvinder Singh Alias Prince vs State Of Haryana

Gurvinder Singh Gill, J

The petitioner assails order dated 19.2.2021 vide which an appeal filed by the petitioner challenging order dated 10.2.2021 declining bail, passed by

learned Principal Magistrate, Juvenile Justice (Care and Protection of Children) Act, 2000, Karnal, has been dismissed by learned Additional Sessions

Judge, Karnal.

The allegations, in nutshell, are that in a scuffle Gandhi (co-accused) gave a blow with ‘sua’ (bodkin) in the waist of Ujjwal (complainant)

while another accused Gurvinder @ Bobby gave fist blows on the chest of complainant. When the complainant’s brother Prajjwal tried to rescue

him then Gurvinder @ Bobby and his cousin Prince (petitioner) caught hold of complainant’s brother Prajjwal while Ajay @ Kaka and co-accused

Gandhi gave blows with their respective bodkins to complainant’s brother. It is further the case of prosecution that although complainant’s

brother was rushed to hospital but he succumbed to his injuries.

Learned counsel for the petitioner has submitted that the petitioner is a juvenile, who was aged about 17 years and 6 months as on the date of

occurrence and does not have any chequered history. It has further been submitted that even as per the FIR the petitioner was unarmed and the only

role attributed to him is that he had caught hold of complainant’s brother while the co-accused gave blows with their respective bodkins. It has

been submitted that in view of the specific provisions of Section 12 of Juvenile Justice Act, the petitioner deserves to be released on bail.

Opposing the petition, learned State counsel has submitted that since specific and categoric allegations have been levelled against the petitioner, no

case for grant of bail is made out.

I have considered rival submissions addressed before this Court.

Keeping in view the fact that the petitioner was not armed with any weapon and the role attributed to him is that he had caught hold of the

complainant’s brother while the co-accused gave blows with bodkin and particularly the fact that the petitioner is a juvenile, the petitioner deserves

to be released on bail. The petition, as such, is accepted. The impugned order dated 19.2.2021 passed by learned Additional Sessions Judge, Karnal

and order dated 10.2.2021 passed by learned Principal Magistrate, Juvenile Justice (Care and Protection of Children) Act, 2000, Karnal are hereby set

aside. The petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial

Magistrate/Duty Magistrate concerned, and subject to his surrendering passport to Court at the time of furnishing bail bonds.

It is further ordered that the petitioner’s family shall keep a constant watch on the petitioner so as to ensure that he does not indulge in any such

act again.