The main legal point established is that the Juvenile Justice Act mandates the release of a child in conflict with law on bail, with specific and restricted reasons justifying denial, as outlined in the proviso to Section 12(1).

JUDGMENT :

PER COURT :

1. This revision application is filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as “JJ Act” for the brevity). The child in conflict with law, impugns order dated 27.04.2022 by Juvenile Justice Board as well as the order dated 16.08.2022 passed by the Sessions Judge, Beed in Criminal appeal No. 60 of 2022, by which a prayer of the applicant/CCL (for short “CCL”) for his release on bail from the custody of the Observation Home, Beed, in connection with Cr.No. 443 of 2021, registered with Police Station Shivajinagar, Beed, for the offences punishable under Sections 302, 109, 114 r/w 34 of the Indian Penal Code (for short “I.P.C.”) has been rejected.

2. The applicant/CCL has been apprehended in pursuance of Crime No. 443 of 2021, registered on the information given by Shaikh Saajed Shaikh Sattar, who is the brother of the deceased. It is alleged that on 14.12.2021, at about 3.30 p.m., the informant received a telephonic message that his brother namely Saheed had been encircled by the accused persons and they were beating him. The mother of the accused Mohansingh was instigating the assailants. Accused Mohansingh raised assault of knife but was dogged by the Shaikh Shaheed. However, the applicant/CCL stabbed on his stomach. On such message the informant reached to the Government Hospital, where Doctor declared Shaikh Saheed to be dead. Accordingly, an offence came to be registered against the applicant/CCL, accused Mohansingh and his mother. The applicant/CCL has been apprehended and produced before the Juvenile Justice Board (JJB) on 15.12.2021. The bail application of the applicant/CCL came to be rejected. The Criminal Appeal No. 60 of 2022 that was filed before the Sessions Court, is also rejected by order dated 16.08.2022, hence this revision.

3. Mr. Gandle, learned Advocate appearing for the applicant/CCL (for short “CCL”) submits that the CCL was aged about 14 years at the time of incident and he has been sent in observation home at Beed since 15.12.2021. However, for no good reasons his prayer for release on bail has been rejected, dehors object and scope of the enabling provisions under the Juvenile Justice (Care and Protection of Children) Act, 2015.

4. The learned APP strongly objects the prayer and submits that the evidence on record clearly depicts that the CCL took knife from the hand of co-accused and inflicted stab injury on the stomach of the deceased. The report of Psychological Analyst received from the Probation Officer along with the medical report of Civil Hospital, depicts that the CCL to be mentally fit. However, there are criminal antecedents to his discredit. She would submit that the CCL required counseling and there is threat to his protection.

5. Having considered the submissions advanced, it is apposite to refer Section 12 of the Juvenile Justice (Care and Protection of Children), Act, 2015, which reads as under :

“12. Bail to a person who is apparently a child alleged to be in conflict with law :-

(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or 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 person : Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having be