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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SHALINI SINGH NAGPAL
.... CCL Thr His Father Natural Guardian Gobind Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Shalini Singh Nagpal, J.
The revisionist, a child-in-conflict with Law, has challenged order dated 27.11.2024 of learned Judge, Special Court, Kapurthala, and order dated 04.09.2024, of learned Principal Magistrate, Juvenile Justice Board, Kapurthala. Vide impugned order dated 04.09.2024, application for regular bail filed by the revisionist was declined. The order was upheld in appeal, on 28.11.2024.
2. On behalf of the child-in-conflict with law (hereinafter referred to as 'the CCL'), it has been argued that a false case was foisted on the petitioner, who was innocent. The CCL was in custody for a period of more than one year. There was two months' delay in registration of the FIR; the CCL was a student of 10+2 and an outstanding sports person. Referring to the allegations in the FIR, it was argued that the mobile tower location of the CCL did not match with the victim girl or with other accused persons, on the days of the alleged occurrence. No obscene video of the victim girl was recovered by the police from the mobile phone of the CCL. Even the DNA report was not incriminating.
3. It was further argued that bail application of the CCL was rejected in complete violation
Bail to child in conflict with law mandatory under Section 12 JJ Act unless proviso grounds proven by objective evidence; mere heinous offence gravity or vague danger apprehensions insufficient for d....
The gravity of the offence does not justify denying bail to a juvenile; specific findings must be recorded to demonstrate risk of moral danger or association with known criminals.
Bail for juveniles under the Juvenile Justice Act is mandatory unless there are justifiable grounds for denial.
The main legal point established in the judgment is that the gravity of the offence, the welfare of the victim, and the concerns of society must be considered when deciding on bail for a juvenile in ....
Offence of Murder - Bail of juvenile - Not granted - Revisionist disentitled to bail under all three exceptions to rule, envisaged under proviso to Section 12(1) of Act of 2015.
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