Rajasthan High Court - Jodhpur
R vs Nahar Singh on 2 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 796/2020
R S/o Hanuman Ram, Aged About 17 Years through His Natural
Guardian Father Hanuman Ram S/o Jala Ram, Age 42 Years, R/o
Narwa, Police Station Khinwsar, Distt. Nagour At Present Kachi
Basti, Annasagar, Magra Punjla, Jodhpur (Raj.).
(At Present Custody At Observation Home Pali).
----Petitioner
Versus
1. Nahar Singh S/o Panne Singh, Aged About 55 Years, By
Caste Rajput, R/o Sonaimanji, Police Station Sadar,
District Pali.
2. State Of Rajasthan, Through P.P.
----Respondents
For Petitioner(s) : Mr.Vineet Jain, Adv.
Mr.Deepak Sharma, Adv.
For Respondent(s) : Mr.Mukhtiyar Khan, PP
Mr.Vikram Singh Cadwat, Adv.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
02/03/2021
Heard learned counsel for the petitioner (juvenile- through
his natural guardian father-Hanuman Ram) as well as learned
Public Prosecutor and learned counsel for the respondent No.2
The allegation against the petitioner is of offence under
Sections 147, 148, 302/149 IPC. The bail application filed by the
petitioner under Section 12 of the Juvenile Justice (Care and
Protection of Children). Act, 2015 before the Principal Magistrate,
Juvenile Justice Board, Pali was rejected vide order dated
22.10.2020. Being aggrieved by the said order, an appeal was
filed by the petitioner before the learned Sessions Judge, Pali and
(2 of 4) [CRLR-796/2020]
the same has been dismissed by learned Special Judge vide order
dated 28.10.2020.
Being aggrieved of the orders dated 22.10.2020 and
28.10.2020 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-796/2020]
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, challan of the case has already been presented.
In view of the aforesaid discussion, this revision petition is
allowed and the order dated 22.10.2020 passed by the Principal
Magistrate, Juvenile Justice Board, Pali as well as order dated
28.10.2020 passed by learned Sessions Judge, Pali declining bail
to the petitioner is hereby set aside.
Accordingly, it is ordered that the juvenile accused-petitioner
Juvenile 'R' S/o Hanumanram shall be released on bail in FIR
No.148/2020, P.S. Sadar Pali upon furnishing personal bond by his
natural guardian father Hanumanram S/o Jalaram 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,
Pali 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-796/2020]
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-NK/-
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