Crl. Revision No.1221 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Revision No.1221 of 2010 Date of Decision: August 13, 2010 Gurmail Singh @ Gelli ........Petitioner Versus State of Punjab .......Respondent ****** CORAM : HON'BLE MRS. JUSTICE SABINA Present: Mr. Jatinder Kumar Kamboj, Advocate for the petitioner. Mr. Amandeep Singh Rai, AAG, Punjab. 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 28.8.2009 passed by the Principal Magistrate, JJ Board, Ferozepur and by the learned Additional Sessions Judge, Ferozepur dated 15.4.2010 vide which the request of the juvenile for regular bail who is in custody since 8.3.2008 in FIR No.23 dated 4.3.2008 registered under Section 302/34 and 120-B of Indian Penal Code, Police Station Makhu, District- Ferozepur has been declined. The allegation against the petitioner are that he while armed with a wooden log alongwith his co-accused armed with Dang/Lathies had inflicted injuries on the person of Mehal Singh. Thereafter Mahal Singh had succumbed to his injuries. After hearing the learned counsel for the petitioner I am of the Crl. Revision No.1221 of 2010 2 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 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 Crl. Revision No.1221 of 2010 3 pendency of the inquiry regarding him as may be specified in the order.” In a normal circumstances, a juvenile is liable to be released on bail. But in case there is a reasonable ground for believing that the release of a juvenile would bring in association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice, the bail can be declined to the said juvenile. In the present case, the petitioner alongwith his brother and mother have allegedly committed the murder of Mehal Singh. In these circumstances, the release of the petitioner on bail would not be in the interest of justice. Dismissed. (SABINA) August 13, 2010 JUDGE Anand