Rajasthan High Court - Jodhpur
Arshad vs State Of Rajasthan on 1 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 37/2021
Arshad S/o Sh. Rajjak Khan, Aged About 17 ½ Years, (Minor),
R/o Ward No. 24, Sardar Shahar, Dist. Churu Through His
Natural Guardian Sh. Rajjak Khan, R/o W.no. 24, Sardar Shahar,
Dist. Churu. (Presently Detained In Observation Home, Churu).
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Madan Lal Tanwar S/o Sh. Kishan Lal, B/c Mali, R/o W.no.
23, Bukalsar Bas, Sardarshahar, Dist. Churu.
----Respondents
For Petitioner(s) : Mr. Kuldeep Sharma.
For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
Mr. Anil Gupta for Mr. Shreekant
Verma, for respondent No.2.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
01/03/2021
Heard learned counsel for the petitioner (juvenile- through
his Natural Guardian Sh. Rajjak Khan) as well as learned Public
Prosecutor and counsel for respondent No.2.
The allegation against the petitioner is for offences under
Sections 307, 325, 323, 341, 34 of IPC. The bail application filed
by the petitioner under Section 102 of the Act of 2015 before
Principal Magistrate, Juvenile Justice Board, Churu was rejected
vide order dated 14.12.2020. Being aggrieved by the said order,
an appeal was filed by the petitioner before the learned Child
Court (Session Judge), Churu and the same has been dismissed
(2 of 4) [CRLR-37/2021]
by learned Appellate Court vide impugned order dated
17.12.2020.
Being aggrieved of the orders dated 14.12.2020 and
17.12.2020 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.
(3 of 4) [CRLR-37/2021]
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 14.12.2020 passed by the Principal
Magistrate, Juvenile Justice Board, Churu as well as order dated
17.12.2020 passed by learned Child Court, (Sessions Judge)
Churu, declining bail to the petitioner is hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner
Arshad S/o Sh. Rajjak Khan shall be released on bail in FIR
No.375/2020, P.S. Sardarshahar, District Churu, upon furnishing
personal bond by his natural guardian Father Rajjak Khan 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, Churu 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 in the case and that his
(4 of 4) [CRLR-37/2021]
guardian shall keep proper look after of the delinquent child and
secure him away from the company of known criminals.
(MANOJ KUMAR GARG),J
163-Prashant/-
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