The main legal point established in the judgment is that a juvenile in conflict with the law should be considered for bail based on the criteria and parameters set out in Section 12 of the Juvenile Justice Act, and the general principles for grant or denial of bail under Section 437 or Section 439 of the Code of Criminal Procedure do not apply in such cases.

JUDGMENT :

SUDIP AHLUWALIA J.

The instant petition has been filed under Section 439 of the Code of Criminal Procedure seeking regular bail on behalf of the petitioner in case FIR No.21 dated 22nd March, 2020, registered under Sections 302, 397 and 201 of the Indian Penal Code, 1860 at Police Station Sadar Nawanshahr, District SBS Nagar, after such bail was declined by the Ld. Addl. Sessions Judge, SBS Nagar on 29.01.2021 vide his impugned order Annexure P-6.

[2] Background of the matter is that FIR No. 21, dated 22.03.2020 was registered under Sections 304-A, 279 IPC at PS, Sadar Nawanshahr against unknown persons on the statement of one Darbara Singh son of Dhanna Singh, resident of Balachaur, District SBS Nagar. Later on, Jagdeep Singh @ Babbu Bajwa and Harsh were arrested in case FIR No. 47, dated 11.05.2020, under Sections 302/397 IPC, PS Rahon and in the said FIR, Jagdeep Singh @ Babbu Bajwa and Harsh suffered confessional statements admitting that they alongwith Harwinder Singh and Hardeep Singh @ Dipi have constituted a gang. They used to commit robbery by inflicting injuries. In the same way, they have also committed robbery by inflicting injuries on one Jasvir Singh. On the basis of said disclosure statements, applicant and others were nominated in FIR No. 21, dated 22.03.2020, PS, Sadar Nawanshahr and offences under Sections 302/397/201 IPC were added after deleting Sections 279/304-A IPC.

[3] Ld. Counsel for the Petitioner has argued that his client was a juvenile on the date of the alleged occurrence (21.03.2020). His date of birth happens to be 25.10.2002. As such he was less than 17½ years of age on the relevant date. He, therefore, ought to have been dealt with under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. According to which –

'Bail to a person who is apparently a child alleged to be in conflict with law - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or 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 or placed under the supervision of a probation officer or under the case of any fit person :

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.'

[4] The Petitioner was arrested two months after the date of occurrence on 25.05.2020. His prayer for bail was nevertheless rejected by the Ld. Addl. Sessions Judge, after he was ordered to be sent up for trial along with co-accused Hardeep Singh @ Dipi before the Children's Court/Court of Sessions vide the order passed by the Ld. Principle Magistrate, Juvenile Justice Board, SBS Nagar on 18.12.2020 which is Annexure R-1 to the reply filed on behalf of the State.

[5] It is verified from the impugned order that the Petitioner’s prayer for bail was rejected by the Ld. Court below without considering the aspect as to whether he was entitled to be covered by the beneficial provisions of Section 12 of the JJ Act already reproduced above. On the other hand, the complete reasons for which the Petitioner was denied bail by the Ld. Addl. Sessions Judge are set out below –

“10. Co-accused Jagdeep Singh @ Babbu Bajwa and Harsh, who have been nominated in aforesaid FIRs No. 21 & 47 have also confessed various incidents of snatching/robbery. During investigation of present case, it has been revealed that the applicant Harwinderjit Singh @ Hunny, Jagdeep Singh @ Babbu Bajwa and Harsh have constituted