Vikram Singh vs State of Rajasthan

H.R. Panwar, J.—By the instant criminal revision u/s 397 read with Section 401 Cr.P.C., read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short'' "the Act" hereinafter), the petitioner, who is juvenile, through his natural guardian elder brother Laxman Singh, has challenged the order dt. 20.06.2009 passed by the Sessions Judge, Sirohi (for short, "the Appellate Court " hereinafter) in Criminal Appeal No. 28/2009, whereby the appeal filed by the delinquent-juvenile against the order dt. 11.06.2009 passed by the Principal Juvenile Justice Board, Sirohi (for short, "the Board" hereinafter) u/s 12 of the Act, arising out of the FIR No. 112/2009, Police Station, Swaroopganj, was dismissed.

I have heard learned Counsel for the parties.

The facts giving rise to the instant criminal revision are that on a Crime Report lodged by one Babu Giri on 05.06.2009 before the Station House Officer, Police Station, Swaroopganj for the offence u/s 376/511 IPC, the petitioner juvenile-delinquent came to be arrested and petitioner having not attained the age of 18 years is therefore juvenile as defined u/s 2(k) of the Act, which provides that a "juvenile or "child" is a person who has not completed 18 years of age. The matter is under investigation.

Section 12 of the Act deals with bail of juvenile, which reads as under:

Section 12. 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 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 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-in-charge 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.

From the perusal of Section 12 of the Act, it is clear that a delinquent juvenile ordinarily has to be released on bail irrespective of nature of offence alleged to have been committed by him, unless it is shown by evidence that if he is released on bail, there appear reasonable grounds for believing that the release of delinquent juvenile 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. Section 12 of the Act is a special provision injucting the Courts from refusing bail to a delinquent juvenile except for the reason stated in the Section itself, i.e., if he be so released there are reasonable grounds for believing that he will come 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.

At the time of consideration of bail u/s 12 of the Act, the merit or nature of offence has no relevancy. The language of Section 12 of the Act, using the word "Shall" is mandatory in nature and providing non-obstantic clause by using the expression "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" shows the intention of the Legislature to grant bail to the delinquent juvenile offender by releasing him on bail who is arrested or produced before a Court; however, with exception to release him on bail if there are reasonable grounds for believing that his 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. It is for the prosecution to bring on record such material while opposing the bail and to make out any of the grounds provided in this Section which may persuade the Court not to release the juvenile on bail.

The Act is beneficial and social-oriented legislation which needs to be given full effect by all concerned whenever the case of juvenile comes before them. In absence of any material or evidence of reasonable ground to believe that the delinquent juvenile, if release on bail, is likely to come into association with any known criminal or expose him to moral, physical or psychological danger, it cannot be said that his release would defeat the ends of justice. On the contrary, keeping in view the legislative intent in enacting the Act, the juvenile offender deserves to be released on bail.

Keeping in view the facts and circumstances of the case and the intent of Section 12 of the Act, the revision petition deserved to be allowed.

In view of the aforesaid discussion, the revision petition is allowed. The impugned order dt. 20.06.2009 passed by the Appellate Court, affirming the order dt. 11.06.2009 passed by the Board refusing to release the petitioner on bail, is hereby set-aside and it is directed that petitioner Vikram Singh s/o Babu Singh Rajput be released on bail, provided his elder brother Laxman Singh, the natural guardian, furnishes a personal bond in the sum of Rs. 10,000/- with a surety of like amount to the satisfaction of the Juvenile Justice Board, Sirohi with the stipulation that on all subsequent dates of hearing, he will produce the juvenile-delinquent to the said Court, or any other Court, during pendency of the inquiry in the case and the natural guardian of the junveile-delinquent shall keep proper look on the juvenile-delinquent and keep him away from the known criminals.