The Juvenile Justice Act grants juveniles the right to make a suo motu appearance before the Board and claim bail, regardless of the nature of the alleged offences.

JUDGMENT

Sureshwar Thakur, J. (Oral) - The present juvenile in conflict with law is alleged in FIR No.86 of 31.12.2021, registered at Police Station Sadar Budhlada, District Mansa to commit offences punishable under Sections 379-B, 427, 511 of the IPC.

2. Though, the juvenile in conflict with law was amenable for his delinquent conduct being inquired into by the Juvenile Justice Board concerned, (hereinafter referred to as "the Board"), but prior to his making his appearance before the Board concerned, especially given the embodyings in the petition FIR, rather cognizable, and, non-bailable offences, thereupon he proceeded to claim the relief of pre-arrest bail, through his moving an apposite application, before the learned Additional Sessions Judge, Mansa.

3. The learned Additional Sessions Judge concerned, made a dis- affirmative order thereon(s). The reason thereof, became grounded in the factum that, the mandate of Section 438 of Cr.P.C., is available to become re-coursed only by an accused apprehending his arrest by the police in respect of non- bailable, and, cognizable offences, and, when Section 12 of the Juvenile Justice (Care and Protection of Children) Act (hereinafter referred to be as "the Act"), provisions whereof stands extracted hereinafter, especially sub-Section 1 thereof carries thereins, the statutory phrase "is apprehended or detained by the police or appears or brought before a Board", thereupon he concluded, that the signification thereof, is that (i) unless there is apprehension of the juvenile in conflict with law, rather by the police, and, thereafter he makes his appearance, before the Board, through his production being caused therebefore by the police, (ii) rather thereupto neither an application under Section 438 of Cr.P.C., is maintainable nor he becomes empowered to make any affirmative order thereon.

"12. 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 care 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.

(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."

4. Though, the learned Additional Sessions Judge concerned, has for reasons hereinafter, made an inapt conclusion that, the petition preferred before him, by the juvenile in conflict with law was not maintainable, but for reasons to be assigned hereinafter, yet the petitioner can suo motu make his appearance before the Board concerned, an