The provisions of the Juvenile Justice Act, 1986, must be strictly followed while considering bail applications of juveniles. The Magistrate must consider the circumstances laid down in Section 33 of the Act and determine whether the release of the juvenile would harm them or expose them to moral danger.

JUDGMENT :

D.P. Mohapatra, J. - This revision petition u/s 38 of the Juvenile Justice Act, 1986 (hereinafter referred to as the 'Act') has been tiled by Abrahim Khristian and Jahar Khristian challenging the order dated 3-9-1988 passed by the Sub-Divisional Judicial Magistrate, Nawapara in G.R. Case No, 102 of 1988 rejecting their application u/s 18 of the Act for being released on bail.

The Petitioners are involved in the aforementioned case in which cognizance has been taken u/s 379134 IPC. The allegation against the Petitioners is that on 19-7-1988 they were found stealing a bag containing currency worth Rs. 25,000/- belonging to one Kamal Kumar Dewangan. The further allegation is that some of the persons who have been examined in course of investigation u/s 161 Code of Criminal Procedure have stated that tile bag of Kamal Kumar Dewangan was recovered from the Petitioners and a sum of Rs. 15,000/- was found in it.

2. As the impugned order reveals, the learned Magistrate on consideration of the application filed by the Petitioners was not inclined to accede to the prayer for their release on bail and directed that they should be kept in the observation home at Berhampur. The reasons that appear to have weighed with the learned Magistrate are that the Petitioners belong to Andhra pradesh, out of six persons involved in the case, all of them appearing to be juveniles; only two have been arrested so far, huge amount is involved in the theft case investigation is not yet complete; and release of the two Petitioners may provide them, opportunity for associating with other criminals who are at large and the ends of justice may be defeated if these Petitioners jump bail and leave Orissa during pendency of the investigation and trial.

3. On behalf of the Petitioners it is urged that while passing the impugned order the learned Magistrate has failed to pay due attention to the provisions of the Act and the procedure followed therein. The learned Counsel for the Petitioners contended that it appears from the impugned order that the learned Magistrate has considered the application as any other application for bail in a criminal case and this erroneous approach has vitiated the order.

4. The Act has come into force in all States except the State of Jammu and Kashmir with effect from the 2nd of October, 1987. It is an Act to provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles. This Act was enacted as on a review of the working of the existing Children Acts indicated that much greater, attention is required to be given to children who may be found in situations of social mal adjustment, delinquency or neglect. It was further felt that the justice system as available for adults is not suitable for being applied to juveniles and therefore it is necessary that a uniform juvenile justice system should be available throughout the country which should make adequate provision for dealing with all aspects in the changing social, cultural and economic situation in the country.

5. At the outset a few provisions of the Act relevant for the present purpose may be noticed. Section 2(e) defines 'delinquent juvenile' to mean a juvenile who has been found to have committed an offence. Section 2(h) defines 'juvenile' to mean a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years, Under Clause (1) of Section 2, 'neglected juvenile' means juvenile who (1) is found begging; or (ii) is found without having any home or settled place of abode and without any ostensible means of subsistence and is destitute, (iii) has a parent or guardian who is unfit or incapacitated to exercise control over the juvenile or (iv) lives in a brothel or with a prostitute or frequently goes to any placed used for the purpose of prostitution or is found to associate with any pros