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2007 Supreme(Del) 2357
High Court Of Delhi
V. B. GUPTA
FAWAAD NASIR @ ZIYA S/O. MR. N. H. NARIR - Appellant
Versus
STATE - Respondents
Criminal Revision 1081 Of 2007
Decided On : 10/09/2007
ANWAR KHAN, NAVIN SHARMA, R.M.TUFAIL
The central legal point established in the judgment is that the provisions of Section 12 of the Juvenile Justice Act must be interpreted in consideration of the specific circumstances of the case, and the potential dangers to the accused if released on bail.
Headnote:
Juvenile - Bail - The Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 - The court discussed the provisions of Section 12 of the Juvenile Justice Act, which allows for the release of a juvenile accused of a bailable or non-bailable offence, unless there are reasonable grounds to believe that release may expose the juvenile to danger or defeat the ends of justice. The court found that the accused, being a juvenile involved in a serious offence and likely to mix with adult co-accused, would face moral and psychological dangers if released on bail, and therefore upheld the lower courts' decisions to dismiss the bail application.
Fact of the Case:
The petitioner, a juvenile accused of murder, sought bail under Section 12 of the Juvenile Justice Act, citing the need to appear for a school examination. The prosecution opposed the bail, arguing the seriousness of the offence and the likelihood of the juvenile mixing with adult co-accused.
Finding of the Court:
The court found that the accused, being a juvenile involved in a serious offence and likely to mix with adult co-accused, would face moral and psychological dangers if released on bail, and therefore upheld the lower courts' decisions to dismiss the bail application.
Issues: The main issue was whether the juvenile accused should be granted bail under Section 12 of the Juvenile Justice Act, considering the seriousness of the offence and the potential danger of mixing with adult co-accused.
Ratio Decidendi: The court held that the provisions of Section 12 of the Juvenile Justice Act must be considered in light of the specific circumstances of the case, and in this instance, the accused's release on bail would likely expose him to moral and psychological dangers, defeating the ends of justice.
Final Decision: The court dismissed the revision petition seeking bail for the juvenile accused, upholding the lower courts' decisions to deny bail based on the potential dangers associated with the accused's release.
( 1 ) PRESENT revision petition under Section 53 of Juvenile Justice Act read with Section 482 Crl. P. C. has been filed by the petitioner seeking quashing of order dated 1st June, 2007, vide which Juvenile Justice Board dismissed the bail application and order dated 13th July, 2007 vide which Additional Sessions Judge dismissed the appeal filed by the petitioner seeking bail. Along with it an application seeking interim bail has also been filed by the petitioner.
( 2 ) THE case of prosecution is that the present petitioner along with his co-offenders including four adult accused had murdered one Captan. The motive behind the murder was that, the deceased used to demand Rangdari from the petitioner and his co-offenders. One Rakesh is an eye- witness to this incident and he has clearly mentioned the role played by the present petitioner in the incident. Three adult co-accused are stated to be absconding and they are yet to be arrested.
( 3 ) IT has been contended by learned counsel for the petitioner that since the petitioner is a juvenile and was less than 18 years at the time of the alleged crime, he is entitled to bail as per Section 12 of The Juvenile Justice (Care and Protection of Children) Act, 2000 and in support of his contentions learned counsel has cited a decision of this Court in Sandeep v. State of NCT of delhi, 2007 (3) LRC 416 (Del ). Besides this, he has cited some other judgments in support of his contentions. With regard to the interim bail, it has been contended that petitioner has to be appear in the Secondary School Examination at Patna w. e. f. 8th October, 2007 and he may be granted interim bail.
( 4 ) ON the other hand, it has been argued by learned counsel for the State that the petitioner is involved in a serious offence and other three co-accused who are adult are absconding and further the petitioner has played a fraud with the Juvenile Justice Board, as the school leaving certificate placed on record has not been issued by the principal of the school. Under these circumstances, the petitioner should not be released on bail.
( 5 ) THERE is no dispute about the principles of law laid down in the various decision cited by learned counsel for the petitioner. However, the question to be seen is as to whether under the present facts and circumstances of the case, the petitioner can be released on bail or not.
( 6 ) SECTION 12 of The Juvenile Justice (Care and Protection of Children)Act, 2000 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 [or placed under the supervision of a Probation Officer or under the care of any fit institution of fit persona] 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. (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. "
( 7 ) ACCORDING to sub-clause (1) of this Section, a person accused of non bailable offence shall not be released if there appear reasonable grounds for believing that th
