The main legal point established in the judgment is that a juvenile, accused of a heinous crime, should be considered for bail under the provisions of Section 12 of the Juvenile Justice Act, taking into account the welfare and safety of the juvenile.

JUDGMENT :

SUDIP AHLUWALIA, J.

1. In this petition, the petitioner has prayed for setting aside of the impugned orders dated 09.07.2020 passed by the Principal Magistrate, Juvenile Justice Board, SBS Nagar vide which bail application moved by petitioner was dismissed in case FIR No. 21 dated 22.03.2020 under Sections 302 & 397 IPC, registered at Police Station Sadar Nawanshahr, and the judgment dated 31.07.2020 passed by Addl. Sessions Judge, SBS Nagar in a revision petition while upholding the order passed by the Principal Magistrate, Juvenile Justice Board, SBS Nagar, and further to release the petitioner on bail in the aforesaid FIR.

2. Background of the matter is that the 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 the 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 by 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 04.02.2004. As such he was just over 16 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 nonbailable 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 prayers for bail were nevertheless rejected by both the JJB and Addl. Sessions Judge vide the impugned orders.

5. In rejecting the Petitioner's prayer, the Ld. Addl. Sessions Judge was of the opinion that the case fell under the proviso to Section 12 (1) of the JJ Act which deals with denial of bail to a juvenile/ child in conflict with law. The relevant reasons for refusing bail to the Petitioner have been recorded in paras 17 & 18 of its impugned judgment which are set out as below –

'17. There is sufficient material on record to suggest that there is reasonable ground to believe that release of petitioner is likely to bring him into association with known criminals. Moreover, the petitioner is accused of a heinous crime like murder, he would be a source of curiosity and an object of social ridicule and comment. Therefore, his psychology is bound to be adversely affected. There is danger to physical, mental and psyc