IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
Sandeep Mehta, J.
X - Appellants
Vs.
State and Ors. - Respondent
S.B. Criminal Revision Petition No. 494/2021
Decided On : 01-07-2021
Criminal Procedure Code, 1973 – Section 397 – Juvenile Justice Act, 2015 – Sections 12,15, 15-A, 101, 102 – Appeal – Revision – Calling for records to exercise powers of revision – Bail to a person who is apparently a child alleged to be in conflict with law – Preliminary assessment into heinous offence by Board – Provisions dealing with prayer for bail – Held, Petitioner is a young boy of less as per the order rejecting bail – He is confined in observation home in connection with the above mentioned offence and matter is pending investigation – Principal Magistrate, Juvenile Justice Board has rejected bail of petitioner expressing that in case, petitioner is released on bail, there is every likelihood of his coming into contact with known offenders and such a course of action may also cause risk to his own mental, physical and psychological state – In opinion of this Court, there is no foundation for such apprehension – Apprehension expressed regarding the likelihood of petitioner coming into contact with other offenders can be taken off by requiring his natural guardian to furnish a suitable undertaking – Court view of facts noted above, Court of opinion that petitioner child is entitled to be enlarged on bail – Revision allowed.
ORDER :
Sandeep Mehta, J.
1. Though this Court had directed the learned Public Prosecutor by order dated 17.06.2021 to get the notices of the respondent No. 2 complainant served through the SHO concerned. But till date, compliance has not been made.
2. Learned Public Prosecutor has raised a preliminary objection that the revision cannot be decided in absence of notice to the complainant respondent No. 2 Mani Lal.
3. I have considered the said submission in light of the relevant legal provisions. It may be stated here that Sections 12, 101 and 102 of the Juvenile Justice Act are the provisions dealing with the prayer for bail made on behalf of the CICL at different stages. These provisions are quoted hereinbelow for the sake of convenience:-
Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.
101. Appeals.-(1) Subject to the provisions of this Act, any person aggrieved by an order made by the Committee or the Board under this Act may, within thirty days from the date of such order, prefer an appeal to the Children's Court, except for decisions by the Committee related to Foster Care and Sponsorship After Care for which the appeal shall lie with the District Magistrate:
Provided that the Court of Sessions, or the District Magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days.
(2) An appeal shall lie against an order of the Board passed after making the preliminary assessment into a heinous offence under section 15 of the Act, before the Court of Sessions and the Court may, while deciding the appeal, take the assistance of experienced psychologists and medical specialists other than those whose assistance has been obtained by the Board in passing the order under the said section.
(3) No appeal shall lie from,--
(a) any order of acquittal made by the Board in respect of a child alleged to have committed an offence other than the heinous offence by a child who has completed or is above the age of sixteen years; or
(b) any order made by a Committee in respect of finding that a person is not a child in need of care and protect
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