Point of Law: Juvenile Justice - On a bare reading of Section 12 of the Act, it transpires that, in the present case, admittedly, the applicant was minor at the time of occurrence and therefore, the applicant is required to be released on bail or placed under the supervision of a Probation Officer or under the care of any fit person

JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. This revision application is filed by applicant - a juvenile in conflict with law, Jay Hirabhai Bharwad through Hirabhai Gandabhai Bharwad under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 r/w. Section 397 of the Criminal Procedure Code, 1973 to quash and set aside the order dated 06.08.2020 passed by the learned 3rd Additional Sessions Judge, Viramgam in Criminal Appeal No. 10/2020, whereby, the learned Sessions Judge was pleased to confirm the order dated 14.07.2020, passed by the learned Principal Magistrate, Juvenile Justice Board in Juvenile Court Inquiry Case No. 139/2020 by which, the learned Magistrate was pleased to reject the application for regular bail of the present applicant – juvenile and further, to enlarge the juvenile applicant on regular bail in connection with FIR being C.R. No. 11192060200068 of 2020, registered with Viramgam Rural Police Station, District Ahmedabad (Rural) for the offences punishable under Sections 302, 201, 364 and 120-B Indian Penal Code, 1860 (IPC).

2. Heard learned advocate Mr. N.K. Majmudar for the juvenile applicant and learned APP Mr. H.K. Patel for the respondent-State through Video Conference.

3. Rule. Learned APP waives service of notice of rule on behalf of the respondent-State.

Submission of the Parties:

4. The learned advocate for the juvenile applicant has submitted that the applicant is a minor and therefore, by virtue of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (‘the Juvenile Act’ for short), it would be mandatory for the Court to enlarge the applicant on bail. It is submitted that the learned Sessions Judge has failed to appreciate and interpret the provisions of section 12 of the Act in the its true and proper perspective. It is submitted that according to section 12, of the Act, a Child (as defined under section 2(12) of the Act), alleged to have committed a bailable or non-bailable offence and if he is detained by the police or if he is brought before a Board, such a person shall be released on bail. It is submitted that though the exceptions, as enumerated in the said section, are not attracted in the case on hand, the learned Sessions Judge, without due application of mind, has taken into consideration the same and rejected the bail application of the juvenile in conflict with law. It is submitted that the Coordinate Bench has released even the accused named in the FIR, who are major, by way order dated 19.08.2020, passed in Criminal Misc. Application Nos. 9601 and 9602 of 2020.

4.1 In support of his case, the learned advocate for the applicant has relied upon the decision of the Coordinate Bench, rendered in Criminal Revision Application No. 611 of 2017 dated 14.07.2017 and also the decision rendered in Criminal Revision Application No. 534 of 2010 dated 30.12.2010. He has, therefore, prayed that discretion may kindly be exercised and bail be granted to the applicant – juvenile in conflict with law.

5. Per contra, learned APP has fairly submitted that appropriate order may be passed.

Merits of the Case:

6. Having heard the learned advocates for both the sides, as per the report of the Investigating Officer, it transpires that the age of the accused is 17 Years 11 Months and 14 Days, at the time of occurrence.

6.1 In the present case, Section 12 of the Act comes into play, which reads thus:

“Section 12 - (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 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.”

6.2 On a bare reading of Section 12 of the Act, it transpires that, in the present case, admittedly, th