Jagat Singh vs State Of Rajasthan
2021 Latest Caselaw 9604 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Revision Petition No. 157/2021

Jagat Singh S/o Sh. Onkar Singh @ Kara Singh, Aged About 15 Years, B/c Jat Sikh, R/o 50 Gb Police Station Ramsinghpur Tehsil Vijaynagar Dist. Sri Ganganagar Through Natural Guardian Uncle Sukhvir Singh S/o Preetam Singh, B/c Jat Sikh, Aged 45 Years, R/o 50 Gb Tehsil Sri Vijaynagar, Dist. Sri Ganganagar. (At Present Lodged In Observation Home, Sri Ganganagar).

----Petitioner Versus

1. State Of Rajasthan, Through Pp

2. Gurtej Singh S/o Sh. Surjeet Singh, B/c Jat, R/o Chak 50 Gb Police Station Ramsinghpur Dist. Sriganganagar.

----Respondents

For Petitioner(s) : Mr. Rakesh Matoria through V.C. For Respondent(s) : Mr. Gaurav Singh, P.P.

Mr. D.S. Thind through V.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

28/05/2021 Heard learned counsel for the petitioner (juvenile- through

his natural guardian Uncle (Sukhvir Singh S/o Preetam Singh) as

well as learned Public Prosecutor.

The allegation against the petitioner is of offences under

Sections 307, 323, 341, 504 of IPC. The bail application filed by

the petitioner under Section 12 of the Act of 2015 before learned

Principal Magistrate, Juvenile Justice Board, Sriganganagar was

rejected vide order dated 29.01.2021. Being aggrieved by the said

order, an appeal was filed by the petitioner before the learned

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Child Court (Sessions Judge), Sriganganagar and the same has

been dismissed vide impugned order dated 02.02.2021.

Being aggrieved of the orders dated 29.01.2021 and

02.02.2021 passed by the learned courts below, the petitioner has

preferred this revision petition before this Court.

It is submitted by learned counsel for the petitioner that

pursuant to the interim bail granted by the Court, the petitioner

has surrendered.

Further submissions have been made that challan has

already been filed and co-accused Harjeet Kour has been granted

bail on 08.04.2021 by a Coordinate Bench of this Court in S.B.

Criminal Misc. Bail Application No.4122/2021. The applicant is in

custody since 25.01.2021 and that the report from the probation

officer has already been received and, therefore, the petitioner

being juvenile may be enlarged on bail.

Further submissions have been made the petitioner is below

18 years of age and there is no evidence to show that if the

juvenile-petitioner is released on bail, then his release is likely to

bring them into association with any known criminal, or expose

him 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 totally ignored the provisions of the Act of

2015. The petitioner is in custody since long and no further

detention of the petitioner is required for any purpose. Learned

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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 learned 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 learned

Juvenile Justice Board.

Learned counsel for the complainant also opposed the

petition.

I have carefully considered the submissions made by the

learned counsel for the parties and also perused the provisions of

the Act of 2015.

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 as well as the report of the

probation officer.

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

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juvenile, as indicated in Section 12 of the Act of 2015, is made

out.

In view of the aforesaid discussion, this revision petition is

allowed and the order dated 29.01.2021 passed by learned

Principal Magistrate, Juvenile Justice Board, Sriganganagar,

rejecting bail application of the petitioner, as well as order dated

02.02.2021 passed by learned Child Court (Sessions Judge),

Sriganganagar, rejecting the appeal, are hereby set aside.

It is ordered that the juvenile accused-petitioner Jagat Singh

S/o Sh. Onkar Singh @ Kara Singh (juvenile) - through his natural

guardian Uncle (Sukhvir Singh S/o Preetam Singh), shall be

released on bail in relation to FIR No.259/2020 Police Station

Ramsinghpur, Sriganganagar, upon furnishing a personal bond by

his natural guardian Uncle (Sukhvir Singh S/o Preetam Singh) in

the sum of Rs.1,00,000/- along with a surety in the like amount to

the satisfaction of learned trial court; 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 guardian shall keep proper look after of

the delinquent child and secure them away from the company of

known criminals.

(ARUN BHANSALI),J

91-PKS/-

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