Crl. Misc. No.M-27558 of 2010(O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARAYANA AT CHANDIGARH Crl. Misc. No.M-27558 of 2010(O&M) Date of Decision: October 13, 2010 Anoop ….Petitioner Versus The State of Haryana ….Respondent CORAM: HON’BLE MR. JUSTICE SABINA Present: Mr. Jitender Dhanda, Advocate for the petitioner. Mr. Satyavir Singh Yadav, Dy. Advocate General, Haryana **** SABINA, J.(ORAL) Petitioner has filed the present petition under Section 439 of the Code of Criminal Procedure read with Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 for grant of bail during the pendency of the trial in case FIR No.146 dated 26.06.2010 registered under Sections 302/323/148/149/201/506 IPC at Police Station Uchana, District Jind. The contents of the FIR as reproduced in para No.1 of the petition reads as under: “Stated that I am the resident of above stated address and is an agriculturist. We are three brothers, eldest one was Ram Niwas & Niwasa, them me and Ramesh @ Bhagta is youngest one and I have four sisters out of them, three are married. Youngest one Meena is still unmarried. In August, 2008, a quarrel took place between my father Kapoor Singh son of Beer Singh and one Ram Niwas @ Niwasa with Dalbir son of Gaja, Samsher son of Bhura @ Jai Singh, caste Jat, resident of Surbara on account of -1- Crl. Misc. No.M-27558 of 2010(O&M) trying to take forcible possession of two acres of our land situated at Darewala. In that dispute Samsher son of Bhura @ Jai Singh, caste Jat died and on account of which, I along with my father Kapoor Singh, brother Ram Niwas @ Niwasa and Ramesh @ Bhagta had been convicted and sentenced for life imprisonment by the Court at Jind in the year 2009. My father Kapoor Singh is still confined in District Jail, Jind and I along with my brother Ram Niwas @ Niawasa and Ramesh @ Bhagta have been released on bail by the High Court, Chandigarh and now we are at home. Today, at about 8 a.m. my brother Ram Niwas @ Niwasa along with me and my brother Ramesh @ Bhagta and Bimla wife of Ram Niwasa @ Niwasa were working at our Darewala fields. On seeing us there, Gaja son of Jawala, Jat resident of Surbara, who has constructed house in the fields, armed with an iron rod Niwas @ Niwa(rumba) Krishan son of Bhura @ Jai Singh armed with Gandasa, Sushil @ Shila son of Harkesh, Sindha @ Surender son of Gaja armed with Kasola, Dalbir son of Gaja armed with jailley, Randhir son of Gaja armed with Bhala, Mandip son of Randhir armed with Jelly, Roshan son of Dhira @ Randhir armed with Gandasi came out of their residential house after conniving with each other and they moved towards our fields. Anup son of Krishan armed with Kasola, Beda @ Bhura @ Jai Singh armed with Gandasa, Pala son of Bhura @Jai Singh armed with Kasola, -2- Crl. Misc. No.M-27558 of 2010(O&M) Harkesh son of Bhura @ jai Singh armed with Jelly, Sandip son of Harakesh armed with Gandasa and women Bala wife of Harkesh armed with iron rod, Kamla wife of Krishan, Shanti wife of Gaja, Santosh wife of Randhir, Kamlesh wife of Dalbir, Indro wife of Samsher, jats resident of Sarabra also came out from the house of Gaja and they proceeded towards our fields from the other side of that house by following a different route. On coming to our fields, Gaja and Krishan raised a lalkara, today we have to kill the enemy. None of them should be spared. On saying so by Gaja and Krishan, Gaja gave a rumba blow to my brother Ram Niwas, Krishan gave a gandasa blow on the body of Ram Niwas. When I and my brother Ramesh @ Bhagta ran to save him, then Sushil @ Shila, Dalbir, Randhir, Mandip, Roshan and Pala ran towards with their respective weapons. To save ourselves, I and Ramesh ran towards the house of Ram Mehar son of Abe Ram situated in the fields. My Bhabhi Bimla was got hold by Bala, Shanti, Santosh, Kamla, Kamlesh, Indro was given slap and fists blow and her earrings were stretched from her ear. She continued crying and we also continued raising the voice of killed, killed but then Sindha, roshan, Anup, Beda, Pala, Harkesh, Sandeep continued beating my brother Ram Niwas @ Niwasa with their respective weapons and laid him on the ground and started dragging Ram Niwas towards the house of Gaja. Even then all of them continued causing injuries on the -3- Crl. Misc. No.M-27558 of 2010(O&M) body of Ram Niwas with their respective weapons and they also put foot on the neck of Ram Niwas and suppressed. When I and my brother Ramesh went near, they stated whether you also want to be killed and either you should go away otherwise you will be killed because we have to kill Ram Niwas and we will definitely kill him. They caught Ram Niwas by his hands and took away towards the house of Gaja and caused him injuries near the water course. Then Shila son of Harkesh above mentioned and all others dragged my brother Ram Niwas via dividing line of Jawar fields (dol) and took him in the corner of the Jawar fields and put his body on the heap of cotton sticks and put the heap of cotton sticks on fire. Then I along with our Bhabahi and my brother Ramesh @ Bhagta came to our house when we tried to go near Ram Niwas all of them ran to kill us. In this way, Gaja, Krishan, Sushil @ Shila, Sundha, Dalbir, Randhir, Mandeep, Roshan, Anup, Beda, Pala, Harkesh, Sandeep, Bala, Kamla, Shanti, Santosh, Kamlesh, Indro after conniving with each other and keeping grudge for the murder of Samsher son of Jai Sigh and to take the revenge of the same today killed my brother Ram Niwas @ Niwasa by causing injuries to him with jellies and gandsa and kasola and thereafter put his dead body on fire by putting out the heap of cotton sticks. Thereafter, all of them ran away with their respective weapons. I along with my brother Ramesh @ Bhagta took water from the nearby -4- Crl. Misc. No.M-27558 of 2010(O&M) residential house and put the fire off and took out dead body of my brother Ram Niwas @ Niwasa, by the time wholly body of the Ram Niwas was burnt. Legal action kindly be taken against all of them. Statement recorded. Heard and found correct. –sd- Ram Singh Learned counsel for the petitioner has submitted that petitioner is a juvenile and hence is liable to be released on bail. In support of his arguments, learned counsel for the petitioner has placed reliance on Manmohan Singh Vs. State of Punjab 2004(2) RCR(Criminal) 89, Sanjay Chaurasia Vs. State of U.P. and another, 2006(4)RCR(Criminal)-674, Sandeep (In J.C.) Vs. State NCT of Delhi, 2008(1) RCR (Criminal)-146, Nand Kishore (in J.C.) Vs. State, 2006(4) RCR (Criminal) -754 and Shabuddin @ Shabboo Vs. State of Uttar Pradesh 2003(1) RCR (Criminal)- 498.. Learned State counsel on the other hand opposed the contentions. 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 -5- Crl. Misc. No.M-27558 of 2010(O&M) 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 incharge of the police station, such officer shall cause him to be kept only in an observation home in the Crl.Rev.No.1079 of 2010 (O&M) 3 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." In the present case the allegation against the petitioner is that he was armed with a Kasola at the time of alleged occurrence along with other co-accused who were armed with weapons and had inflicted injuries on the person of the deceased. Thereafter, the deceased was set on fire. Learned Juvenile Justice Board has dismissed the application filed by the petitioner on the ground that there was possibility that the petitioner will come in association with any known criminal or would be exposed to moral, -6- Crl. Misc. No.M-27558 of 2010(O&M) physical or psychological danger. The appeal filed by the petitioner was dismissed by the learned Addl. Sessions Judge on the ground that in case the petitioner was released on bail it was likely that he will come in association with any known criminal and might be got exposed to moral, physical or psychological danger. The reasons given by the Courts below while declining the bail to the petitioner are sound reasons. The offence committed by the petitioner is serious in nature and the facts and circumstances of the case lead to the interference that in case the petitioner is released on bail he may come in association with any known criminal or might get exposed to moral, physical or psychological danger and moreover release the petitioner on bail would defeat the ends of justice The judgments relied upon by learned counsel for the petitioner fail to advance the case of the petitioner as these are based on different facts. Accordingly, this petition is dismissed 13.10.2010 (SABINA) vcgarg JUDGE -7-