2021 0 Supreme(Jhk) 139
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAVI RANJAN, SUJIT NARAYAN PRASAD, JJ.
Guddu Kumar Singh, natural guardian father of the petitioner Sri Rajesh Singh –Appellant
The State of Jharkhand – Respondent
B.A. No. 4677 of 2020
Decided on : 12-05-2021
Point of Law: Special powers of High Court or Court of Session regarding bail - Bail Application under Section 439 of Cr.P.C for juvenile or remedy under Section 101 of Act, 2015 - Power to grant bail to any person, who has not completed age of 18 years irrespective of nature of offence being ‘bailable’ or ‘non-bailable’ or specified in any of three categories of Act, as ‘petty offences’, ‘serious offences’ and ‘heinous offences’.
Code of Criminal Procedure, 1973 - Section 439 - Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 101 - Indian Penal Code, 1860 - Section 302/34 - Offence of Murder - Juvenile - Bail Application - Petitioner submitted that since bail application of petitioner was rejected by Sessions Judge, only remedy was to file bail application under Sections 439 and 440 of Code of Criminal Procedure and provision as contained in Section 101 of the Act, 2015 will not be applicable - Challenging same present bail application under Sections 439 and 440 of Code of Criminal Procedure has been filed by petitioner.
Finding of the court: Section 101 of Act, 2015 that it contains a provision to prefer appeal before High Court against order passed by committee or Board as under provision of Section sub-section (5) of Section 101 of the Act, 2015 - It is evident from aforesaid provision that all offences under any other law shall be investigated, enquired into, tried and otherwise dealt with according to same provision, but subject to any enactment for time being in force regulating manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. If such statute has been enacted to deal with cases, provision contained therein will be applicable. It cannot be disputed that Act, 2015 has been enacted solely for purpose of juvenile, which contains provision for bail under Section 12 and appeal under subsection (5) of Section 101 of Act, 2015 - The phrase ‘...in accordance with procedure specified in Code of Criminal Procedure’ does not mean applicability of Code of Criminal Procedure rather it only means procedure, not substantive Section.
Result: Application allowed
Act Referred :CRIMINAL PROCEDURE CODE : S.439INDIAN PENAL CODE : S.302, S.34JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT : S.101Cases Referred:
Advocate Appeared :For the Appellant : Mr. Mukesh Bihari Lal, Advocate.For the Respondent : Mr. Satish Prasad, Mr. Rohit, Advocate
Per Sujit Narayan Prasad, J:
The matter has been heard through video conferencing with the consent of the learned counsel for the parties. They have raised no complaint regarding audio and visual quality.
2. The instant bail application is being heard by the Division Bench of this Court on reference being made by the learned Single Judge vide order 17.10.2020, on the issue of maintainability of bail under Section 439 of the Code of Criminal Procedure for juvenile or remedy under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (herein after referred to as the ‘Act, 2015’), as two divergent views have been expressed on the issue in question. For ready reference, the reference made by learned Single Judge, to answer by the Division Bench, is quoted hereunder as:
- “(i)Whether in view of sub section (5) of Section 101 of the Act, an appeal is maintainable in a case where bail filed by a juvenile under the Act is rejected by the Children’s Court? (ii)Whether the order dated 11.12.2017, passed by the Coordinate Bench in Cr. Appeal (S.J.) No.2119 of 2017 [Sahabuddin Ansari @ Nannu Ansari @ Md. Sahabuddin Ansari versus The State of Jharkhand & Another], holding that appeal is not maintainable, is good a law or not?”
3. Mr. Mukesh Bihari Lal, learned counsel for the petitioner has submitted that a bail petition for grant of regular bail, being M.C.A. No. 847 of 2020, was filed on behalf of petitioner, Guddu Kumar Singh, a juvenile, who is languishing in observation home since 08.11.2019 in connection with Baliapur P.S. Case No. 151 of 2019 corresponding to G.R. Case No. 199 of 2020 registered under Section 302/34 of the Indian Penal Code before the Court of District & Additional Sessions Judge-1, Dhanbad, which was rejected vide order dated 17.06.2020.
4. Challenging the same, the present bail application under Sections 439 and 440 of the Code of Criminal Procedure has been filed by the petitioner.