IMPORTANT POINT
Juvenile – Statutory Bail – Child in conflict with law – Time period available to the investigating agency to conclude the investigation would be that of 90 days and not 60 days.
Bail – Statutory Bail – Date on which the same is presented before the Court would be relevant and not the date on which the same may have been presented before the Ahlmad of the court.
Bail – Statutory Bail-If application and challan, both are filed on the same day and it is found that the application was indeed filed prior in time, the indefeasible right of the accused to be released on statutory/default bail would remain intact.
Bail – Statutory Bail – Period has to be computed from the date of remand and not from the date of arrest – Day of remand should be excluded while the date of filing challan should be included.

Daya Chaudhary, J.

1. The present appeal has been filed to challenge impugned order dated 05.02.2018 passed by the Additional Sessions Judge, Gurugram, whereby, the application filed by the appellant under Section 167(2)(a)(ii) Cr.P.C. read with Section 2(33) and 21 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Juvenile Justice Act') for grant of statutory/default bail in case FIR No.RC-8(S)/2017/SCIII/New Delhi dated 22.09.2017 for offence punishable under Section 302 of Indian Penal Code, Section 25 of the Arms Act, 1954, Section 12 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') and Section 75 of the Juvenile Justice Act, 2015 has been dismissed.

2. Briefly, the facts of the case as made out in the present appeal are that FIR No.250 dated 08.09.2017 was registered at Police Station Bhondsi, District Gurugram, under Section 302 IPC, Section 25 of the Arms Act, Section 12 of the POCSO Act and Section 75 of the Juvenile Justice Act. The State Government issued notification and transferred the investigation of the case to CBI and thereafter, the case was re-registered as FIR No.RC-8(S)/2017/SCIII/New Delhi dated 22.09.2017.

3. After registration of said FIR in view of notification issued by the State Government, the investigation of the case was conducted by the CBI. The present appellant was arrested by the CBI and was produced before the Juvenile Justice Board on 08.11.2017. Thereafter, an inquiry was conducted by the Juvenile Justice Board and vide order dated 20.12.2017, it was ordered that the appellant could be tried as an adult and transferred the case to the Children Court. Since no Court was specifically designated as Children Court, the case was entrusted to the Court of Additional Sessions Judge, Gurugram to try the present appellant as an adult under the Juvenile Justice Act.

4. After arrest of the appellant, he was retained in the Observation Home. When the challan was not presented by the CBI within the prescribed period, the appellant moved an application under Section 167(2) Cr.P.C. A report was called from the Criminal Ahlmad, wherein it was clarified that the challan had been submitted by the CBI on 05.02.2018. The application moved by the appellant under Section 167(2) Cr.P.C. was dismissed vide order dated 05.02.2018, which is subject matter of challenge in the present appeal.

5. Learned senior counsel for the appellant submits that the period of 60 days had expired on 05.01.2018 and the period of 90 days from the date of arrest had expired on 04.02.2018. The challan was not presented within a period of 60 days and the appellant became entitled for bail as per provisions of Section 167(2) Cr.P.C. Learned senior counsel further submits that while passing impugned order, the lower Court has held that the period of filing challan was 90 days as the appellant was facing trial for offence punishable under Section 302 IPC. The application for grant of bail was moved on 90th day and on that day, only the charge-sheet was submitted and the appellant was not entitled for bail. Learned senior counsel also submits that as per provisions of Section 21 of the Juvenile Justice Act, the period for filing challan was 90 days and not 60 days as in case, the offence is punishable with death penalty and life imprisonment, then the period of presentation of challan is 90 days. Learned senior counsel also submits that as per proviso to Section 167(2) Cr.P.C., it is apparent that total period of 90 days is specified to an offence where offence is punishable with death, imprisonment for life or for a term not less than 10 years. It is also the argument of learned senior counsel that Section 5 Cr.P.C. shows that said section is a saving clause and it provides that nothing in the Court shall affect any special or local law in absence of any specific provision to the contrary but however, as per Section 103 of the Juvenile Justice Act, the procedure a