- 1 - IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR O R D E R S.B.CR.REVISION PETITION NO.1013/2008 (Beenu Kumar Vs. State of Raj.) S.B.CRIMINAL REVISION PETITION UNDER SECTION 53 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN ACT, 2000 AGAINST THE ORDER DATED 26.8.2008 PASSED BY THE SPECIAL JUDGE DACOITY AFFECTED AREA, BHARATPUR IN CRIMINAL APPEAL NO.67/2007 AND AGAINST THE ORDER DATED 25.10.2007 PASSED BY THE PRINCIPAL MAGISTRATE, JUVENILE JUSTICE BOARD, BHARATPUT IN CR.CASE NO.152/2007. ***** DATE OF ORDER::-04-09-2008 P R E S E N T HON'BLE MR.JUSTICE S.P. PATHAK Mr.Anil Upman,for the petitioner Mr.B.K. Sharma, Addl.Advocate General BY THE COURT: This revision petition has been filed under section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short the Act) against the order dated 26.8.2008 passed by the Special Judge, Dacoity Affected Area, Bharatpur whereby the appeal filed by the petitioner has been dismissed and the order passed by the Principal Magistrate, Juvenile Justice Board, Bharatpur dated 25.10.2007 declining bail to the accused petitioner has been upheld. - 2 - It is contended by the learned counsel for the petitioner that in this case accused petitioner being a juvenile on the date of incident i.e. not in dispute, therefore, in view of the provisions contained in the Act the petitioner should be released on bail. It is contended that Dy.Director, Social Justice & Authority Department, Bharatpur has given a report to the effect that on releasing the petitioner on bail chances are not there that he will come in contact with known or unknown criminals. It is also contended that the Panchases of the village also stated that if the petitioner is released on bail, there will no danger to his life. According to the learned counsel the Principal Magistrate, Juvenile Justice Board, Bharatpur as well as the learned appellate court did not take into consideration this very important aspect of the matter and in fact completely ignored the mandatory provisions of the Act. It is submitted that in the normal circumstance, a juvenile is required to be released on bail. On the other hand the learned Public Prosecutor has opposed the submissions made by the learned counsel for the petitioner and submitted that the trial court as well as the learned appellate court considered the matter in correct perspective and rejected the bail. . I have considered the submissions made before me and carefully perused the material available on the record. - 3 - It appears that for the protection of juveniles special Act has been enacted. A perusal of Section 12 of the Act would indicate that if a juvenile is arrested or detained or appears or is brought before a Board, such person shall 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. It further appears from the perusal of above section that if there appears reasonable grounds for believing that the release is likely to bring the accused juvenile in the company of known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice, then only bail to a juvenile can be declined. There are several provisions in the Act, which go to show that what orders are liable to be passed against a juvenile during the course of trial and juvenile's trial is to be separated from other accused persons. A juvenile cannot be sentenced to death or life imprisonment. There is a special procedure for inquiry, appeals, revisions etc. in relation to the juvenile. In view of the provisions contained in the Act, the question, which arises for consideration is whether the bail was rightly declined to the accused petitioner under Section 12 of the Act and the appeal preferred against the order declining bail has been rightly rejected? After carefully examining the provisions of the Act, I am of the opinion that in exceptional circumstances particularly those indicated in Section 12 of the Act, then only - 4 - bail is required to be declined to juvenile. The Juvenile Justice (Care and Protection of Children) Act, 2000 has been enacted to take care of the juveniles. The learned Principal Magistrate in his order declining bail has stated that the release of the petitioner will bring him into company of known or known criminals. The learned appellate court though stated the requirements of Section 12 of the Act, but has not considered the matter in correct perspective. So, there does not appear any material on record to show that release of the accused petitioner shall bring him into association with any known criminal or to expose him to moral, physical or psychological danger or his release will defeat the ends of justice. The Act is a beneficial and social oriented legislation which should be given full effect by all concerned whenever a matter relating to a delinquent child comes before them. Both the courts below have in fact not taken into consideration, the mandatory provisions of law, which entitles the juvenile to be released on bail. In the instant case, it does not appears from the material available on the file that release of the petitioner on bail, he will come in contact of known or unknown criminals or it will be in the interest of justice, the juvenile to remain in jail. In view of above discussion, both the orders passed by the courts below require to be set aside and the revision petition requires to be allowed. - 5 - The net result of the above discussion is that this revision petition is allowed. The orders of the Juvenile Court as well as of the learned Special Judge, Dacoity Affected Area, Bharatpur declining bail to juvenile accused petitioner are set aside. It is directed that he shall be released on bail on furnishing a personal bond by his mother/father (natural guardian) along with one surety in the sum of Rs.10,000/- each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Bharatpur on the usual terms and conditions with the stipulation that on all subsequent dates of hearing he shall appear before the said court or any other court during pendency of inquiry in the case. (S.P.PATHAK) J. BKS/-