IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 18^th March, 2025 N Kumar ...Appellant Versus State of Punjab ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Jaswinder Singh Grewal, Advocate for the petitioner.

Ms. Swati Batra, Deputy Advocate General, Punjab.

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MANISHA BATRA, J (ORAL):-

This appeal has been filed under Section 101(4) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the Act, 2015’) thereby challenging the order dated 12.02.2024 passed by Children Court/Court of learned Sessions Judge, Rupnagar in case arising out of FIR No. 197 dated 08.09.2023 registered under Section 302 read with Section 34 of IPC at Police Station City Rupnagar, District Rupnagar, whereby an application for grant of bail as filed by the appellant, had been dismissed.

2. Brief facts of the case relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on 08.09.2023, on receipt of an information about dead body of some unknown person lying near Gaushala road, Rupnagar. The dead body was identified by complainant Daksh Saini to be that of his father Dewarka Das. He also recorded a statement that the victim Dwarka Das was working at DCM cloth house. He used to come back home at about 09:00 PM from his work place. On the night of 07.09.2023, he did not return home. His mobile phone was also going switched off and then in the next morning, his dead body was found lying at the spot. He also informed that the mobile phone, wallet and motorcycle of his father were found missing.

3. After registration of FIR, usual formalities of investigation were conducted. Harmail Singh, brother of the victim recorded his statement that prior to the death of the victim, he had seen him going along with accused Sunil Kumar. The accused Sunil Kumar was arrested on 11.09.2023. He was interrogated and suffered disclosure statement admitting his complicity in the offence of murder of the victim and also about the involvement of the appellant who is his nephew and his own son Shivam Kumar. The appellant and co-accused Shivam Kumar were also nominated as such. The accused Shivam Kumar was arrested on 12.09.2023. He suffered disclosure statement and got recovered his blood stained clothing and mobile phone. The appellant, who is a child in conflict with law, was taken into protective custody on 12.09.2023. He too suffered a disclosure statement and in pursuance thereof, got recovered a blood stained datar used for commission of murder of the victim along with his blood stained clothing, which were taken into possession by the police. Offence under Section 201 of IPC was added. Investigation stands completed and challan against the appellant was presented before the Juvenile Justice Board (for short ‘JJ Board’).

4. As revealed from the record, vide order dated 11.01.2024, the learned Principal Magistrate, JJ Board, observed that there was need for trial of the appellant as an adult and the case was ordered to be sent to the Jurisdictional Children Court for trial of the appellant as such.

5. The appellant moved application for grant of regular bail which was dismissed by the Court of Sessions Judge, by passing the impugned order dated 12.02.2024.

6. Vide order dated 20.12.2024, the appellant was extended benefit of interim bail by this Court.

7. It is argued by learned counsel for the appellant that the impugned order dated 12.02.2024 is not sustainable in the eyes of law as while passing the same, the learned Children Court did not apply its judicious mind. The fact that there was no direct evidence about the involvement of the appellant in commission of offence of murder of the victim, had not been taken into consideration. No motive whatsoever has been attributed to the appellant for causing homicidal death of the victim. He has been involved in this case only on the basis of disclosure statement of the co-accused which cannot be considered to be legally admissi