[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL REVISION PETITION NO. 318/2008 ASHFAQ Vs. STATE OF RAJASTHAN DATE: 04.04.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. N.A. Naqvi for the accused-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** The present criminal revision petition under Section 53 of the Juvenile Justice Act read with Section 397 read with Section 401 Cr.P.C. is directed against the order dated 04.01.2008 passed by the District & Sessions Judge, Baran in Criminal Appeal No. 71/2007 as also against the order dated 18.12.2007 passed by the Principal Magistrate, Juvenile Justice Board & Chief Judicial Magistrate, Baran in Criminal Misc. Case No. 100/2007 in relation to FIR No. 12/2007 registered at Police Station Kawai, District Baran for the offence under Section 379 IPC, by which the Courts below declined to release the petitioner on bail. Brief facts of the case are that FIR No. 12/2007 was registered at Police Station Kawai, District Baran for the offence under Section 379 IPC and the petitioner was arrested on 17.10.2007. As the petitioner is juvenile, therefore, he was produced before the Principal Magistrate, Juvenile [2] Justice Board, Baran and was sent to the reformatory home. Thereafter an application was filed before the Juvenile Justice Board under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000') to handover the custody of the juvenile to his father, but the same was dismissed by the Juvenile Justice Board vide order impugned dated 18.12.2007 and the petitioner was sent to the reformatory home. Against the said order dated 18.12.2007, the petitioner filed an appeal under Section 52 of the Act of 2000 before the District & Sessions Judge, Baran and the same has also been dismissed vide order impugned dated 04.01.2008. I have heard learned counsel for the petitioner, learned Public Prosecutor for the State and have also gone through the orders impugned dated 18.12.2007 and 04.01.2008. As per the provision of Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000, 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 [3] on bail with or without surety [or placed under the supervision of a Probation Officer or under the care of any fit institution of 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. Upon careful perusal of the orders impugned, it appears that the Court below has not properly appreciated the evidence and also not properly followed the directory provisions of Section 12 of the Act of 2000 and has rejected the application of the petitioner on the ground that he is member of the gang who committed the offence of theft and if he is released on bail, he can involve in the same offence again, but the reasons which are assigned by the Court below, are not proper. Therefore, without expressing any opinion on the merits of the case, in the interest of justice, this Court deem it proper to quash and set aside the order impugned dated 18.12.2007 passed by the Principal Magistrate, Juvenile Justice Board, Baran and the order dated 04.01.2008 passed by the District & Sessions Judge, Baran and remand the matter back to the Juvenile Justice Board with the direction to [4] consider the application of the petitioner moved under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 afresh and after giving reasons shall pass fresh order. With these observations, the criminal revision petition stands disposed of. (K.S. RATHORE),J. /KKC/ [5] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CRIMINAL MISC. BAIL APPLICATION NO. 40/2008 IN S.B. CRIMINAL REVISION PETITION NO. 318/2008 ASHFAQ Vs. STATE OF RAJASTHAN DATE: 04.04.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. N.A. Naqvi for the accused-petitioner. Mr. B.S. Chhaba, Public Prosecutor for the State. **** Since the revision petition has been disposed of today, the present bail application also stands disposed of accordingly. (K.S. RATHORE),J. /KKC/