SECTION 12 OF THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 IS A SPECIAL PROVISION INJUNCTING THE COURTS FROM REFUSING BAIL TO A DELINQUENT JUVENILE EXCEPT FOR THE REASONS STATED IN THE SECTION ITSELF.

1. - This criminal revision petition under Section 397/401 Cr.P.C. read with Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, the Act of 2000" hereinafter) has been filed by the petitioner, who is a juvenile, through his mother Smt. Paru Devi, challenging the order dated 22.6.2009 passed by the Sessions Judge, Sirohi (for short, the Appellate Court" hereinafter) in Criminal Appeal No. 29/2009, whereby the appeal filed by the petitioner against the order dated 11.6.2009 passed by the Principal Magistrate, Juvenile justice Board, Sirohi (for short, "the Board" hereinafter) has been dismissed.

2. I have heard learned counsel for the petitioner and the Public Prosecutor. Carefully gone through the orders passed by the Board and the Appellate Court.

3. Briefly stated, the facts of the case, to the extent they are relevant and necessary for the decision of this criminal revision, are that a crime report, being C.R. No. 115 dated 17.5.2009 came to be lodged at Police Station, Sirohi by one Kewa Ram Rebari inter alia alleging therein that the persons of Bawari community were assaulting Warta Ram and Nawa Ram by Lathis and iron rods. In the statement of witnesses recorded under Section 161 Cr.P.C., more particularly Ganpat Singh who alleged to have rescued the injured, it has been stated that accused Pitha had a lathi, who had inflicted a head injury to deceased Nawa Ram and it was.alleged that many persons named in the First Information Report, including the present petitioner, assaulted and caused injuries to the deceased. So far as the present petitioner is concerned, it has been stated that he had a lathi in his hand and inflicted injury on the knee of injured Ganpat Singh. The investigation ensued and after investigation, the police filed challan against the various persons. However, so far as the present petitioner is concerned, he being a juvenile as defined under Section 2(k) of the Act of 2000, the challan has been filed against him before the Board. The petitioner, through his mother, filed an application before the Board under Section 12 of the Act of 2000 seeking bail and the Principal Magistrate dismissed the bail application vide order dated 11.6.2009, against which the petitioner, through his mother, filed an appeal before the Appellate Court and the Appellate Court dismissed the appeal vide impugned order dated 22.6.2009. Hence this criminal revision petition.

4. It is contended by the learned counsel for the petitioner that Section 12 of the Act of 2000, being a special statutory provision dealing with grant of bail to the juvenile, provides that 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; however certain exceptions for denying the bail have been enumerated in the section itself and those exceptions are that if there appears 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. Learned counsel for the petitioner has relied on the decisions of this Court in Jeeturam through his father natural guardian Fusa Rani Slo Mangaram v. State of Rajasthan, 2005(1) RDD 340 (Raj.) ; Imtiyaz v. State of Rajasthan, 2005(8) RDD 3179 (Raj.) ; and Prakash v. State of Rajasthan, 2006(1) RDD 278 (Raj.).Section 12 of the Act of 2000 reads as under :

"Section 12. Bail to 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 Proced