2019 Supreme(Pat) 665

IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH, BIRENDRA KUMAR, JJ.
Lalu Kumar @ Lal Babu @ Lallu — Appellant
Versus
State Of Bihar — Respondent
Criminal Appeal No. 2117, 1549, 1962 of 2019
Decided on : 01-10-2019

Headnote:

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 – Bail to juveniles – Right from inception, philosophy behind Juvenile Justice System is to reform, rehabilitate and reintegrate a child in conflict with law and a child in need of care and protection – Philosophy in dealing with children committing offence is remarkably different from an adult committing an offence – Normally, natural parents and family are expected to take care of their children, but when they fail State steps into shoes of parents and family to provide same care and protection as their own parents and families should have provided for them – A child in conflict with law should be treated in a manner consistent with promotion of child’s sense of dignity and worth, which reinforces child’s respect for human rights and fundamental freedoms of others and which takes into account child’s age and desirability of promoting child’s reintegration and child’s assuming constructive role in society. (Paras 22, 23 and 24)

Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 12 and 15 – Juvenile Justice (Care and Protection of Children) Model Rules, 2016 – Rule 13 – Constitution of India – Articles 15, 39(e) and (f), 45 and 47 – Bail to juveniles – A child, who has completed or is above age of 16 years and is alleged to have committed a heinous offence can maintain his application for release on bail under Section 12 of Act of 2015 during pendency of preliminary assessment by Board under Section 15 of Act of 2015 – Similarly, a child, who has completed or is above age of 16 years and is alleged to have committed a heinous offence can maintain his application for release on bail under Section 12 of Act of 2015 after the transfer of his case to Children’s Court – Powers conferred on Board under the Act may also be exercised by High Court and Children’s Court in matter of grant of bail to a person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, powers conferred on Board under Act of 2015 are also available to Children’s Court and High Court – Seriousness of offence alleged cannot be made a ground for rejecting bail under Act of 2015. (Paras 121, 122, 152 and 178)

Criminal Procedure Code, 1973 – Sections 437, 438 and 439 – Juvenile Justice (Care and Protection of Children) Act, 2015 – Sections 12 and 101(5) – Juvenile Justice (Care and Protection of Children) Model Rules, 2016 – Rule 13 – Constitution of India – Articles 15, 39(e) and (f), 45 and 47 – Bail to juveniles – Against an order granting or refusing bail passed by Children’s Court, no application for bail or cancellation of bail under Section 439(1) or 439(2) of the Cr.P.C. shall lie before High Court – Against such order only appeal under Section 101(5) of Act of 2015 would be maintainable – Section 439 of Cr.P.C. cannot be invoked as an appeal against an order granting or rejecting bail by Children’s Court – Appeal, in terms of Section 101(5) has to be considered on the basis of material produced before Board under Section 13 of Act of 2015 and considerations arrived at in terms of Section 12 of Act of 2015 for the purpose of grant of bail and not considerations of grant of bail in terms of Sections 437, 438 and 439 of Cr.P.C. (Paras 172, 175, 176 and 178)

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 19(1)(i) read with Sections 15 and 18(3) – Juvenile Justice (Care and Protection of Children) Model Rules, 2016 – Rule 13 – Criminal Procedure Code, 1973 – Section 439 – Bail to juveniles – Provisions of Section 19(1) of Act of 2015 are mandatory – Children’s Court cannot dispense with requirement of deciding as to whether there is need to try transferred child as an adult or to deal with transferred child as a child – Children’s Court has to compulsorily follow recommendations of Board made under Section 15 read with Section 18(3) of Act of 2015 – Procedure followed by Children’s Court for trial of a child as an adult would be of a warrant case and proceedings in Chapter XVIII prescribed under Sections 225 to 237 of Cr.P.C., which deal with warrant cases by a Court of Sessions only would be applicable while trying a child as an adult, subject to exceptions indicated under Act of 2015. (Paras 128 and 178)

Appeal – Right to appeal is neither a natural nor an inherent right and is a creature of statute – There cannot be any right of appeal unless it is expressly provided in Statute – It is a substantive right and not merely a procedural right. (Para 169