Crl. Revision No.1781 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1781 of 2010 (O&M) Date of Decision: August 13, 2010 Rajan s/o Sh. Rajinder Kumar ........Petitioner Versus State of Haryana .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Surinder Singh Walia, Advocate for the petitioner. Mr. Satyavir Singh Yadav, DAG, Haryana. SABINA, J. Petitioner has filed this petition under Section 53 read with Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, praying for setting aside the impugned orders dated 30.4.2010 passed by the Principal Magistrate, Juvenile Justice Board, Hisar and order dated 13.5.2010 passed by the learned Additional Sessions Judge, Hisar vide which the request of the juvenile for regular bail who is in custody in FIR No.1194 dated 19.12.2009 registered under Section 302/34 of Indian Penal Code (in short 'IPC'), Police Station City, District- Hisar has been declined. The allegations against the petitioner are that he alongwith his co- accused Pardeep had caught hold of Rajesh and Vicky co-accused had inflicted a knife blow in the abdomen of Rajesh and Nasib had given slaps and kicks blows on the person of the deceased. Learned counsel for the petitioner has submitted that the Crl. Revision No.1781 of 2010 (O&M) 2 petitioner is a juvenile and is liable to be released on bail. Learned State counsel, on the other hand, has submitted that the petitioner is involved in another case under Section 307 of IPC and if he is released on bail would bring him in association with any known criminals. The case under Section 307 IPC was registered against the petitioner after the registration of the this case before his arrest. After hearing the learned counsel for the parties, I am of the opinion that the instant petition deserves dismissal. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 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 physchological 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 Crl. Revision No.1781 of 2010 (O&M) 3 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.” Although, as per the above provision a juvenile is liable to be released on bail, but in case there is a reasonable ground that the juvenile might come in contact with any criminal, the benefit of bail can be declined to a juvenile. In the present case, the petitioner before his arrest in this case is also involved in another case under Section 307 IPC. Hence, there is a reasonable ground that in case the petitioner is released on bail he will come in contact with known criminals. Hence, no ground for grant of bail to the petitioner is made out. Dismissed. (SABINA) August 13, 2010 JUDGE Anand