The Juvenile Justice Act does not diminish the power of the High Court or Court of Session in granting bail under Sections 438 and 439 of the Code of Criminal Procedure.

V.K. Shrivastava, J.

1. Heard.

2. The petitioner-Mohan, aged about 17 years, was found in possession of 34 liters and 507 milliliters of illicit liquor. The liquor was seized from him, and he was arrested for committing the offence under Section 34(1)(a) of the Excise Act. The petitioner filed an application under Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 (henceforth 'the Act') for grant of bail. The Juvenile Justice Board rejected his application vide order dated 5-1-2005. Disgruntled with the said order, he preferred an appeal under Section 52 of the Act before Sessions Judge, Raipur. Learned Sessions Judge, Raipur, after hearing both the parties, maintained the finding of the Juvenile Justice Board to the effect that there is reason to believe that the petitioner may come into association with criminals connected with the crime for which the petitioner was arrested and his release would defeat the ends of justice, and accordingly dismissed his Criminal Appeal No. 16/2005 vide order dated 18-1-2005.

3. The petitioner, instead of filing revision, applied under Section 439 of the Code of Criminal Procedure before this Court for releasing him on bail. During the pendency of the application, the petitioner, relying on the decision rendered in Hardip Singh v. State of Punjab, reported in 2002 (2) Crimes 179, filed LA. No. 510/2005 for converting the bail application into revision.

4. For deciding the petitioner's application filed for converting the bail application into revision, following legal points are required to be decided :-

1. Whether the Act takes away the power and jurisdiction of High Court or Court of Session regarding bail under Sections 438 and 439 of the Code of Criminal Procedure.

2. Whether the bail application filed under Section 439 of the Code of Criminal Procedure can be converted into revision at the instance of the petitioner.

5. According to Section 4 of the Act, a duly constituted Juvenile Justice Board shall have the powers conferred by the Code of Criminal Procedure, 1973 on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate First Class. Section 12(1) of the Act confers special powers to Juvenile Justice Board to grant bail to juvenile who is accused of a bailable or non-bailable offence. For appreciation of the matter, Section 12(1) of the Act is reproduced below :-

"12. Bail of juvenile. - (1) When any per -son 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, notwith-standing 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 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."

6. It is manifest that, the above provision provides certain specific conditions for consideration for releasing the juvenile who is accused of a bailable or non-bailable offence, and the said special authorisation begins with "notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force." The said non obstante clause is appended herein with a view to give the enacting part of the section in case of conflict an overriding effect over the provisions of the Code of Criminal Procedure applicable to the case. The said non obstante clause does not take away the various pro visions of bail, but only removes various barriers, and authorises that, in spite of the various barriers, the conditions, enumerated under Section 12 of the Act, shall prevail while considering the matter of granting or refusing bail to juvenile, accused of a bailable or non-bailable offence.

7. Juve