1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Revision Petition No.279/2010 (Mahesh Kumar Saini Vs. State of Rajasthan) Date of Order : 19.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Mukesh Kumar Saini, for the petitioner. Mr.Laxman Meena, PP. By the Court: This is a revision petition where the orders passed by the Juvenile Board as well as by the Appellate Court have been challenged. The petitioner moved an application seeking benefit under Section 12 of the Juvenile Justice (Care and Protection of Children), Act 2000 (hereinafter referred to as “the Act of 2000”). The application was rejected after taking note of the offence and ignoring the mandate of Section 12 of the Act of 2000. Learned counsel for the petitioner submits that petitioner had not actively participated in the occurrence yet he has not been released on bail. It is stated that incident took place due to quarrel between relatives, who were none else but petitioner's uncle. Learned Public Prosecutor on the other hand opposed this petition. I have considered rival submissions made by the learned counsel for the parties and it would be 2 gainful to quote the Section 12 of the Act of 2000 for proper consideration of the case. Section 12 of the Act of 2000 is quoted accordingly, for ready reference:- “Section 12. Bail of Juvenile-(1) when any person accused of a bailable or non bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear 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 the ends of justice. (2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board. (3) When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.” 3 Perusal of Section 12 of the Act of 2000 shows that a juvenile can be denied bail only when it comes out that release is likely to bring him into association with any known criminal or expose him to moral, physical or psychologically danger or that his release would defeat the ends of justice. On perusal the facts available on record, I do not find that any of such case is made out to deny benefit of bail. In view of the aforesaid, I am inclined to accept this petition and accordingly, the impugned orders are quashed and set aside. The petitioner is ordered to be released on bail. Accordingly, the juvenile namely, Mahesh Kumar Saini s/o Shri Girdhari Lal Saini be releaed on bail in FIR No.37/2010 registered at Police Station Chomu, Jaipur Rural for offence under Sections 147, 148, 149, 341, 323, 307, 302 IPC provided, he furnishes a personal bond in the sum of Rs.25,000/- together with one surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court concerned on all subsequent dates of hearing and as and when called upon to do so. The revision petition is allowed accordingly. (M.N. BHANDARI),J. Preety Item NO.47