IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev.No.1490 of 2009 (O&M) Date of decision : 2.9.2009 Rajinder Singh alias Sonu ....Petitioner Versus State of Punjab ...Respondent CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Raj Kumar Gupta, Advocate for the petitioner. Mr. B.B.S.Teji, AAG, Punjab for the respondent. ..... MAHESH GROVER, J. This revision petition is directed against the order dated 15.4.2009. The petitioner who is a juvenile is facing the allegations under the provisions of Section 15 of the N.D.P.S.Act. He is in custody for the last more than 11 months. The Principal Magistrate declined the prayer of the petitioner on the ground that if he is released on bail he will come in the company of known criminals, which is not in the interest of justice. The learned counsel for the petitioner while assailing the impugned order dated 15.4.2009 has contended that the petitioner being a juvenile is entitled to the concession of bail in accordance with the provisions of Section 12 of the Juvenile Justice (Care and Crl.Rev.No.1490 of 2009 (O&M) -2- Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') and the impugned order is unsustainable in the eyes of law as no reasons have been given to decline the prayer for bail and even the same is not based on any material and the apprehension of the Court is without any substance. On the other hand, learned counsel for the State has contended that the petitioner is involved in a serious offence and he does not deserve the concession of bail even if he is a juvenile. I have heard the learned counsel for the parties. Section 12 of the Act reads as under :- “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 Crl.Rev.No.1490 of 2009 (O&M) -3- 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.” According to the aforesaid section, a juvenile may not be released on bail if there appears a reasonable ground for believing that the release of the petitioner is likely to bring him i 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. If the facts of the case and the material on record is to be reconciled in view of the aforesaid provisions of law, then it seems that the apprehension of the Principal Magistrate seems to be misplaced. The father of the petitioner had filed an affidavit in which it was stated that he would ensure that his child would not come in conflict with law which has been discarded merely by saying that it is an attempt to procure the bail. The court cannot make suspicion the basis of its reasoning to decline bail to a juvenile under the Act unless it appears from the facts that the juvenile is likely to come into contact with criminals or is likely to expose him to moral, physical or psychological danger. The entire purpose of the Act is reformatory and keeping in view this purpose in mind the provisions of Section 15 Crl.Rev.No.1490 of 2009 (O&M) -4- have been enacted which lays down as follows :- “Order that may be passed regarding juvenile.-- (1) Where a Board is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it so thinks fit, -- (a) allow the juvenile to go home after advice or admonition following appropriate inquiry against and counselling to the parent or the guardian and the juvenile; (b) direct the juvenile to participate in group counselling and similar activities; (c) order the juvenile to perform community service; (d) order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money; (e) direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and well-being of the juvenile for any period not exceeding three years; (f) direct the juvenile to be released on probation of good conduct and placed under the care of any fit Crl.Rev.No.1490 of 2009 (O&M) -5- institution for the good behaviour and well-being of the juvenile for any period not exceeding three years; (g) make an order directing the juvenile to be sent to a special home for a period of three years: Provided that the Board may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case, it is expedient so to do , for reasons to be recorded, reduce the period of stay to such period as it thinks fit. (2) The Board shall obtain the social investigation report on juvenile either through a probation officer or a recognised voluntary organisation or otherwise, and shall take into consideration the findings of such report before passing an order. (3) Where an order under clause (d), clause (e) or clause (f) of sub-section (1) is made, the Board may, if it is of opinion that in the interests of the juvenile and of the public, it is expedient so to do, in addition make an order that the juvenile in conflict with law shall remain under the supervision of a probation officer named in the order during such period, not exceeding three years as may be specified therein, and may in such supervision order impose such conditions as it deems necessary for the due supervision of the juvenile in conflict with law: Crl.Rev.No.1490 of 2009 (O&M) -6- Provided that if at any time afterwards it appears to the Board on receiving a report from the probation officer or otherwise, that the juvenile in conflict with law has not been of good behaviour during the period of supervision or that the fit institution under whose care the juvenile was placed is no longer able or willing to ensure the good behaviour and well-being of the juvenile it may, after making such inquiry as it deems fit, order the juvenile in conflict with law to be sent to a special home. (4) The Board shall while making a supervision order under sub-section (3), explain to the juvenile and the parent, guardian or other fit person or fit institution, as the case may be, under whose care the juvenile has been placed, the terms and conditions of the order and shall forthwith furnish one copy of the supervision order to the juvenile, the parent, guardian or other fit person or fit institution, as the case may be, the sureties, if any, and the probation officer.” The aforesaid functions are to be carried out by the Juvenile Justice Board. It envisages broad number of functions and duties that the Board has to carry out to ensure that the juvenile who has come in conflict with law by going astray comes into the main stream. The matters which have been enlisted in Section 15 of the Act are not to be construed as exclusive but the Board has to act in the spirit of the law and ensure that the purpose for which it is enacted is Crl.Rev.No.1490 of 2009 (O&M) -7- carried out. For that purpose the Board at the time of considering the bail application of a juvenile ought to explore the possibility of resorting to the options which have been entailed in Section 15 of the Act which includes group counselling and counselling through the agencies of professional counsellors to such delinquent juveniles so that the process of reforming them is put on track. The Principal Magistrate is to act by imbibing the spirit of the statute and not merely act by sticking to the letter of the statute while stripping it of its soul. It is incumbent upon the Principal Magistrate while dealing with the matters under Section 12 of the Act to simultaneously pass orders under the provisions of Section 15 of the Act and not merely pass an order shutting out the concession of bail as also shutting out any of the options available under Section 15 of the Act. In fact, even before the Principal Magistrate or the Board proceeds to determine the matter under Section 12, the procedure under Section 10 has to be complied with by the police itself who has to produce the juvenile before the Board without any loss of time and within 24 hours of his being apprehended. The Court would also like to know as to whether such procedures are being adhered to or not. Reverting back to the facts of the case, it is appalling to note that the order of the Principal Magistrate does not take into consideration any of the aforesaid steps either undertaken by the Board or by the Magistrate himself by referring the matter to the Board. As a result the order merely pays lip service to the provisions of law without making any endeavour to reconcile it with the spirit Crl.Rev.No.1490 of 2009 (O&M) -8- with which the enactment has been created. In this case the Principal Judge has not kept in mind the requirement of Section 12 of the Act while declining the bail to a juvenile. The reason given is merely a piracy of language of the statute which more or less has been influenced by the gravity of the offence and merely because he committed a heinous offence cannot be made a ground for not releasing the petitioner on bail. I find strength and sustenance in the observations made by the Supreme Court in Partap Singh v. State of Jharkhand and another, 2005(3) S.C.C. 551 which read as under :- “8. Thus, the whole object of the Act is to provide for the care, protection, treatment, development and rehabilitation of neglected delinquent juveniles. It is a beneficial legislation aimed at to make available the benefit of the Act to the neglected or delinquent juveniles. It is settled law that the interpretation of the Statute of beneficial legislation must be to advance the cause of legislation to the benefit for whom it is made and not to frustrate the intendment of the legislation.” During the course of proceedings this Court desired a status report to be filed by the respondents to see if the petitioner was involved in any other offence of the like nature. The status report by way of an affidavit of Deputy Superintendent of Police, Sub Division, Dhuri has now been filed in which he has stated that the petitioner is not involved in any such offence. In this view of the matter and for the reasons which have Crl.Rev.No.1490 of 2009 (O&M) -9- been stated above, the present petition is accepted and the petitioner is directed to be released on bail to the satisfaction of Principal Magistrate, Sangrur. However, before releasing the petitioner on bail the court shall ensure that the father of the petitioner furnishes an affidavit and undertaking to the Court that he shall ensure that his son does not repeat any such occurrence. The Principal Magistrate either acting as an officer of the Board or through the agency of the Board shall also ensure that any appropriate order is passed by it keeping in view the provisions of Section 15 of the Act which may also include regular counselling to be provided to the petitioner in order to obviate the recurrence of any such act. 2.9.2009 (MAHESH GROVER) JUDGE dss