The single judge bench of Justice Avneesh Jhingan of the Punjab and Haryana High Court in the case of Juvenile in conflict with law ‘A’ through his mother Ritu V. State of Punjab granted bail to the child in conflict with the law as the case has not come with the ambit of exceptions provided in section 12 of the J.J Act.
BRIEF FACTS
The factual matrix of the case is that the FIR was lodged by the complainant against the occupants of the car and the child in conflict with the law was also among the occupants present in the car. They were armed with datars and Kirpans. After that, the prayer of bail was rejected by the principal magistrate, Juvenile Justice Board on the ground that it is neither fit nor expedient to release the child in conflict with the law on bail.
The learned counsel appearing on behalf of the petitioner contended that the petitioner is in custody since the 19th of November 2021 by relying upon section 12 of the Juvenile Justice (care and protection of children) act, 2015.
The learned counsel appearing on behalf of the state contended that there is no Social Investigation Report indicating that CCL is likely to participate in a criminal crime.
COURT’S OBSERVATION
The hon’ble court stated that as per Section 12 of the J.J. Act, the general rule is bail and bail is to be denied only in cases falling under exceptions provided under the Section. In the present case, no material for bringing the case of the petitioner in exceptions carved out under Section 12 of the J.J. Act has been produced. Thereafter, the court granted bail on the account that the petitioner is in custody since 19th November 2021, the petitioner is not involved in any other case and there is no material to bring the case within the ambit of exceptions provided in Section 12 of the J.J. Act.
CASE NAME- Juvenile in conflict with law ‘A’ through his mother Ritu V. State of Punjab
CITATION- CRR-1531-2022 (O&M)
DATE- 18.08.22
CORUM- Justice Avneesh Jhingan
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