HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 244/2021 Shersingh @ Shelu S/o Laxman Singh, Aged About 17 Years, R/o Aadarvada, P.S. Ranivada, Dist. Jalore Minor Through Natural Guardian Father Laxman Singh S/o Javarsingh R/o Aadarvada (Goliya) Police Station Ranivada Dist. Jalore (Raj.). (Presently Lodged In Observation Home, Juvenile Justice Board, Jalore).
----Petitioner Versus
1. State Of Rajasthan, Through PP
2. Shrawan Kumar S/o Lehruji, B/c Garg, R/o Jalera Khurd At Present Aadarvada P.S. Ranivada Dist. Jalore.
----Respondents For Petitioner(s) : Mr. Shree Kant Verma. For Respondent(s) : Mr. Mool Singh Bhati, P.P.
Mr. Pallav Sharma.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Judgment / Order 08/04/2021 Heard learned counsel for the petitioner (juvenile- through his Natural Guardian/Father Laxman Singh S/o Javarsingh) as well as learned Public Prosecutor and learned counsel for respondent No.2.
The allegation against the petitioner is for offences under Sections 341, 307 read with Section 34 of the I.P.C. and Section 3(1)(R)(S), 3 (2) (v) SC/ST Act. The bail application filed by the petitioner under Section 12 of the Act of 2015 before Principal Magistrate, Juvenile Justice Board, Jalore was rejected vide order dated 25.01.2021. Being aggrieved by the said order, an appeal (Downloaded on 08/04/2021 at 09:03:16 PM) (2 of 4) [CRLR-244/2021] was filed by the petitioner before the learned Session Judge, Jalore, and the same has been dismissed by learned Appellate Court vide impugned order dated 06.02.2021.
Being aggrieved of the orders dated 25.01.2021 and 06.02.2021 passed by the Courts below, the petitioner has preferred this revision petition before this Court.
Learned counsel for the petitioner submits that there is no evidence to show that if the juvenile-petitioner is released on bail, then his release is likely to bring him into association with any known criminal, or expose them to moral, physical or psychological danger, or that his release would defeat the ends of justice. It is argued that learned Courts below have not appreciated the fact that the petitioner is juvenile and entitled to get benefit of provisions of the Act of 2015. Section 12 of the Act of 2015 clearly provides that if the accused is juvenile, then he should be released on bail, but learned Courts below fully ignored the provisions of the Act of 2015. The petitioner is in custody since long time and no further detention of the petitioner is required for any purpose. Learned counsel for the petitioner further submitted that the gravity of the offence committed cannot be a ground to decline bail to a juvenile.
On the other hand, learned Public Prosecutor defended the impugned order passed by the Juvenile Justice Board in declining the bail to the petitioner as also the judgment passed by the Appellate Court upholding the order passed by the Juvenile Justice Board.
I have carefully considered the submissions made by the learned counsel for the parties and also perused the provisions of the Act of 2015.
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(3 of 4) [CRLR-244/2021] The language of Section 12 of the Act of 2015 conveys the intention of the Legislature to grant bail to the juvenile, irrespective of nature or gravity of the offence, alleged to have been committed by him and bail can be denied only in the case where 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, physical or psychological danger, or that his release would defeat ends of justice.
In this context, I have also scanned through and perused the orders passed by the courts below.
Having carefully examined provisions of the Juvenile Justice Act vis-a-vis the orders passed by the courts below, I do not find that any of the exceptional circumstances, to decline bail to a juvenile, as indicated in Section 12 of the Act of 2015, is made out. Moreover, the challan of the case has already been filed.
In view of the aforesaid discussion, this revision petition is allowed and the order dated 25.01.2021 passed by the Principal Magistrate, Juvenile Justice Board, Jalore, as well as order dated 06.02.2021 passed by learned learned Session Judge, Jalore, declining bail to the petitioner is hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner Shersingh @ Shelu S/o Laxman Singh shall be released on bail in FIR No.174/2020, P.S. Ranivada, District Jalore, upon furnishing personal bond by his natural guardian Guardian Father Laxman Singh S/o Javarsingh in the sum of Rs.1,00,000/- each along with a surety in the like amount to the satisfaction of learned Principal Magistrate, Juvenile Justice Board, Jalore with the stipulation that on all subsequent dates of hearing, he shall appear before the said court or any other court, during pendency of the investigation/trial (Downloaded on 08/04/2021 at 09:03:16 PM) (4 of 4) [CRLR-244/2021] in the case and that his guardian shall keep proper look after of the delinquent child and secure him away from the company of known criminals.
(MANOJ KUMAR GARG),J 97-Prashant/NK-
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