Punjab-Haryana High Court
Gaurav Pawar vs State Of Haryana on 12 January, 2023
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
219
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CRR No. 983 of 2021 Date of Decision : 12.1.2023 Gaurav Pawar ..... Petitioner versus State of Haryana ..... Respondent CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Anshumaan Dalal, Advocate, for the petitioner Ms. Ankita Ahuja, AAG, Haryana
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TRIBHUVAN DAHIYA J. (ORAL):
1. This is a revision petition challenging the order dated 26.7.2021 passed by the Principal Magistrate, Juvenile Justice Board, Sonepat, and the order dated 17.8.2021 passed by the Additional Sessions Judge, Sonepat, whereby the petitioner/juvenile in conflict with law was declined bail in case FIR No.132 dated 6.3.2021 under Sections 376, 452, 506 and 34 IPC and Section 6 of POCSO Act and Section 67 of IT Act, 2000, registered at Police Station Kundli, District Sonepat.
2. The petitioner undisputedly is a juvenile as he was born on 3.8.2003. Grant of bail to juveniles is governed by provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000, which reads as under:
12. 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 1[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 1 of 3 ::: Downloaded on - 13-01-2023 21:21:04 ::: CRR No. 983 of 2021 -2- 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 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.
A reading of the provision makes it apparent that a juvenile in conflict with law is entitled to grant of bail irrespective of the nature or gravity of the offence alleged to have been committed by him. Bail can only be declined when there are reasonable grounds for believing that his release is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger, or that his release would defeat the ends of justice. A reference in that regard can be made to the judgment of the Supreme Court in Re Exploitation of Children in Orphanages in the State of Tamil Nadu v. Union of India and others (2020) 14 SCC 327.
3. A perusal of the impugned orders show that bail to the petitioner/ juvenile in conflict with law has been declined by looking into the gravity of the allegations against him. It has also been observed that nature of the allegations prima facie reflect criminal proclivities of the juvenile. In such circumstances, if released from protective detention, he is likely to be exposed to moral and physical danger. But no material to that effect has been referred to by the Courts below.
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4. Therefore, relevant provisions to decline bail as contained in Section 12 of the Act were not considered while passing the impugned orders. There is no material on record to establish that on being released from custody the petitioner/juvenile in conflict with law is likely to come in association with any known criminal or will be exposed to any moral, physical or psychological danger. It is also not the case that his release would defeat the ends of justice. The petitioner's case, accordingly, does not fall in any of the exceptions carved out under Section 12 of the Act for declining bail to a juvenile in conflict with law, and he becomes entitled to grant of the same.
5. In view of the aforesaid, without going into the merits of the case, the present revision petition is allowed. The order dated 26.7.2021 passed by the Principal Magistrate, Juvenile Justice Board, Sonepat, as also the order dated 17.8.2021 passed by the Additional Sessions Judge, Sonepat, are set aside, and petitioner/juvenile in conflict with law is ordered to be released on bail subject to furnishing of adequate bail/surety bonds by his parents/guardian to the satisfaction of the Principal Magistrate, Juvenile Justice Board/Duty Magistrate, Sonepat.
6. The petitioner/juvenile in conflict with law shall be placed under supervision of Probation Officer. In case the juvenile is found to be associating himself with any known criminal or influencing prosecution witnesses, the matter will be reported to this Court for appropriate action.
(TRIBHUVAN DAHIYA)
JUDGE
12.1.2023
Ashwani Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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