Crl. Revn No. 3233 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revn. No. 3233 of 2011 (O&M) Date of decision: - 23.01.2012 Sanjay Kumar .....Petitioner vs State of Haryana ......Respondent CORAM: - HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. Sandeep Punchhi, Advocate for the petitioner. Mr. Shivendra Swaroop, AAG, Haryana --- RITU BAHRI, J (ORAL) This revision petition is against the orders dated 25.11.2011 and 10.12.2011 passed by the Principal Magistrate, Juvenile Justice Board, Sirsa and the learned Additional Sessions Judge, Fast Track Court, Sirsa, rejecting the interim bail of the petitioner, who is a juvenile. It is not disputed that Sanjay Kumar-juvenile had committed the offence, which is heinous in nature. The juvenile had committed un-natural offence. The reason recorded by the Principal Magistrate, Juvenile Justice Board, Sirsa, vide its order dated 25.11.2011 is on exceptional ground that if juvenile is released on bail, there would be apprehension of tamper with the evidence and to wing over the witnesses (Annexure P-2). Feeling aggrieved, the petitioner along with Sham Sunder and Rocky filed an appeal before the learned Sessions Judge, Sirsa and the learned Additional Sessions Judge, Fast Track Court, Sirsa who dismissed the appeal on 10.12.2011 on the ground that the offence is heinous crime which Crl. Revn No. 3233 of 2011 (O&M) -2- is sufficient to render the case within the category of exceptional cases (Annexure P-3). The reasons given by both the Courts below does not answer the specific reasons given in Section 12 of the Juvenile Justice (Care and Protection of Children) Act,2000 (for short 'the Act'). Section 12 of the Act is reproduced as under:- “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 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 regard ng him as may be specified in the order”. A co-ordinate Bench of this Court in the case of Satbir vs. State of Haryana, 2011(2) RCR (Criminal) 621 had an occasion to examine the bail, who was facing the trial under Section 302 IPC. In paragraph 6 and 7 of the judgment, it was held as under:- “6. Undisputedly, present petitioner-juvenile does not belong to any criminal family nor any such material is placed before this Crl. Revn No. 3233 of 2011 (O&M) -3- Court that any family member of the accused juvenile has criminal history, hence in the absence of any such material it would not be safe to suggest that in case juvenile is released there is likelihood that he will meet or come into the contact with any known criminal and there is no material to suggest that in the event of his release, he will expose to moral, physical or psychological danger. Finding of the Court that he is involved in the serious offence of murdering another young boy and he may tamper with the evidence shall not be construed to mean that his release would defeat the ends of justice. Bail to the juvenile under Section 12 of the Act is a right and rejection thereof is an exception for the reasons stated above. 7. My view is fortified with the view taken by the Co- ordinate Bench of this Court in the matter of Vikas Yadav Vs. State of Haryana, 2009(4) RCR (Criminal) 440”. In the present case, there is no finding recorded by both the Courts below that the juvenile belongs to the criminal background and his release would bring him in association with any known criminal or expose him to moral, physical or psychological danger. Considering totality of the facts and circumstances of the case, orders dated 25.11.2011 and 10.12.2011 passed by the Principal Magistrate, Juvenile Justice Board, Sirsa and the learned Additional Sessions Judge, Fast Track Court, Sirsa are set aside and it is directed that petitioner-juvenile shall be released on bail to the satisfaction of Juvenile Justice Board. Petition stands disposed of accordingly. January 23, 2012 (RITU BAHRI) G.Arora JUDGE