Raghbir Singh @ Shanku vs State of Punjab

M.L. Singhal, J.

Petitioner is a juvenile. He is accused of offence of murder. He was put up on trial before the Juvenile Court, Faridkot (Principal Magistrate, Juvenile Court/CJM, Faridkot). Learned counsel for the petitioner submits that the petitioner being a juvenile should be allowed bail in view of the provisions of Section 18 of the Juvenile Justice Act, 1986. He submits that the grant of bail to a juvenile is almost a mandate laid down by the legislature. Section 18(1) of the Juvenile Justice Act, 1986 reads as follows :

"18. Bail and custody of juveniles : (1) When any person accused of a bailable or nonbailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, 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 appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice."

It is clear from the plain language of Section 18(1) of the said Act, that a juvenile can be refused bail if the court feels that his release on bail is likely to bring him in association with any known criminal or expose him to moral danger or his release would defeat the ends of justice. Keeping in view that the petitioner is a juvenile and there is nothing to suggest that his release on bail will land him in association with criminals outside, I allow bail to him to the satisfaction of Juvenile Court where he is being tried. If the Juvenile Court is not available at Faridkot the bail shall be to the satisfaction of Duty Magistrate, Faridkot.