Allahabad High Court
Abdullah @ Abdul Hassan vs State Of U.P. & Others on 7 May, 2015
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 31
A.F.R.
Case :- CRIMINAL REVISION No. - 566 of 2004
Revisionist :- Abdullah @ Abdul Hassan
Opposite Party :- State Of U.P. & Others
Counsel for Revisionist :- Sushil Kumar Srivastava,Praveen Kumar Srivastava,S.K. Misra
Counsel for Opposite Party :- Govt. Advocate
Hon'ble Mrs. Vijay Lakshmi,J.
This revision has been preferred against the order dated 29.1.2014 passed by learned Sessions Judge, Ghaziabad in Criminal Appeal No. 4 of 2004 dismissing the appeal of the revisionist filed against the order of the learned Chief Judicial Magistrate, Ghaziabad rejecting his bail application.
I have heard Sri Praveen Kumar Srivastava, learned counsel appearing on behalf of the revisionist and learned A.G.A. appearing on behalf of State and have gone through the record.
There is no dispute that the revisionist was a juvenile on the date of occurrence as he was about 17 years of age. The impugned order shows that the learned Sessions Judge has recorded a clear finding that the police has accepted the appellant to be a juvenile and the prosecution has no where challenged this conclusion.
Under These circumstances when admittedly the revisionist was a juvenile on the date of occurrence his bail application was to be dealt with in accordance with the provisions of of Section 12 of the The Juvenile Justice (Care and Protection of Children), Act, 2000. Sub section 1 of this section lays down only 3 contingencies under which the bail to a juvenile may be rejected which are as follows :
1.If there appear a reasonable ground for believing that his release is likely to bring him into association with any known criminal;
2.If his release will expose him to moral, physical or psychological danger and
3.if his release would defeat the ends of justice.
Learned counsel for the revisionist has vehemently argued that in the impugned orders of both the courts below there is no mention of any such circumstance on the basis of which the courts below have drawn the conclusion that there exists reasonable ground for believing that his release is likely to bring him into the association of known criminals. Learned counsel has further submitted that the trial is pending since 2004 and it has not been concluded till date. Hence he has prayed that the impugned order be set aside.
Learned A.G.A. has opposed the revision but he has not disputed the fact that the trial has become critically old and he has also prayed that a direction may be given to the court below to expedite the proceedings of trial.
The impugned order shows that the courts below have rejected the bail application on the ground of gravity of offence and also on the ground that the revisionist would come into the association with known criminal if he is released on bail. However, in both the orders of lower courts there is no mention as to on which ground the learned lower courts have drawn such inference.
In a catena of judgements it has been consistently held by the Hon'ble Apex Court that gravity of offence is no ground to reject the bail of a juvenile.
In Prakash Vs. State of Rajsthan, 2006, Cri Law Journal, pg. 1373, it has been observed that " at the time of consideration of bail under Section 12 of the Act, the merit or nature of offence has no relevancy. The language of the Section 12 of the Act using the word "shall" is mandatory in nature and providing non obstinate clause by using the expression "notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force", he be released on bail......................................", shows the intention of legislature to grant bail to the delinquent juvenile offender with certain exceptions. It is for the prosecution to bring on record such materials while opposing the bail and to make out any of the grounds/exceptions provided in the Section which may persuade the Court not to release the juvenile on bail.
In Rais Vs. State of U.P., A.C.C. in Criminal Revision No. 860 of 1991 this Court has held as under:
"The word 'known' has not been used by the parliament in the section without purpose. By use of word 'known' the Parliament requires that the court must know the full particulars of the criminal with which the delinquent is likely to come into association."
In Sanjay Chaurasiya Vs. State of U.P., 2006, Crl. Law Journal, pg. 2957, it has been observed as follows:
"In case of refusal of the bail some reasonable grounds for believing above mentioned exceptions must be brought before the Court concerned by the prosecution."
The Juvenile Justice Act is a beneficial and social-oriented legislation, which needs to be given full effect by all concerned whenever the case of a juvenile comes before them. In absence of any material or evidence all reasonable ground to believe that the delinquent juvenile, if released 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.
Keeping in view the aforesaid legislative intent in enacting the Act and considering the welfare of the revisionist with a hope that he may recover himself after being released on bail, by associating himself to the main stream of life, it appears expedient in the interest of justice that his prayer for bail be allowed.
In view of the above discussion, the revision is allowed. Both the impugned orders passed by Chief Judicial Magistrate as well as lower appellate court are quashed.
The revisionist has already been granted bail by this Court vide order dated 4.3.2004. The revisionist shall continue on bail during the trial. The Juvenile Justice Board concerned is directed to expedite the hearing of the trial and conclude the same expeditiously, if possible, preferably within a period of six months from the date of receipt of this order.
A copy of this order be communicate to the court concerned by the Registry of this Court.
Order Date :- 7.5.2015
S.B.
