CRR No.1333 of 2021

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207 IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CRR No.1333 of 2021

Date of Decision :December 14 2021

Suhail Ahmad

..... Petitioner

vs

State of Haryana

.... Respondent

CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present :

Mr. Tribhuvan Dahiya, Sr. Advocate with

Mr. Brij Mohan Vashishtha, Advocate for the petitioner.

Mr. Tarun Sharma, AAG, Haryana.

***

SURESHWAR THAKUR, J. (Oral)

The bail applicant is a juvenile in conflict with law. He is alleged,

in FIR bearing No.45 of 27.01.2021, to commit the borne therein offences

embodied under Sections 201, 302, 34 IPC (later on changed to under Sections

460, 201, 120-B, 34 IPC and 25 Arms Act, in the final report, under Section

173 CR.P.C.), FIR (supra) is registered against the petitioner-bail applicant, at

Police Station Quilla Panipat.

2.

The learned State counsel, does not contest, the factum of the bail

applicant being a minor, therefore, he is to be construed to be a juvenile in

conflict with law. His bail application is regulated by Section 12 of the Juvenile

Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as

the 'Act').

3.

The bail applicant made bail application bearing No.539 of 2021

before the learned Addl. Sessions Judge, Panipat, and, constituted it under

SARITA RANI

2021.12.17 16:20

I attest to the accuracy of

this order

CRR No.1333 of 2021

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Section 12 of the Act. However, thereons the learned Additional Sessions

Judge concerned, vide order of 11.10.2021, made a verdict of dismissal.

4.

The bail applicant/juvenile in conflict with law is aggrieved from

the afore made order, and, has challenged it, through casting the instant

criminal revision before this Court. The Act (supra), is a special Act, and,

confers certain statutory previleges, to the juvenile in conflict with law. One of

the statutory privileges is of bail being granted to juvenile, in conflict with law,

rather in the manners enshrined therein, and, within the parameters carried

therein. The relevant provisions of Section 12 of the Act are extracted

hereafter:

“12. (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 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 subsection (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

SARITA RANI

2021.12.17 16:20

I attest to the accuracy of

this order

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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.”

5.

Though in sub Section (i) of Section 12 of the Act, occurrs a non-

obstan