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2025 Supreme(Online)(P&H) 27683

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manisha Batra, J
..... – Appellant
Versus
State Of Haryana – Respondent
CRR-2974-2025



Advocates:
For the Appellants/Petitioners: Rajesh Bansal, Naveen Nandal
For the Respondents: Neeraj Poswal, Sanjeev Majra

A child in conflict with law does not have an indefeasible right to default bail under the Juvenile Justice Act, 2015 for procedural delays in filing documents, and bail may be denied if release defeats the ends of justice in heinous offences under Section 12(1).

Headnote:(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 12(1) - Grant of bail to child in conflict with law - Proviso to Section 12 acts as an exception - Default bail provision under CrPC not applicable to Juvenile Justice Board proceedings. (Paras 9, 11, 12)

(B) Juvenile Justice (Care and Protection of Children) Rules, 2016 - Rule 10(5) - Filing of documents within one month - Non-submission of report within said period does not confer an indefeasible right to default bail upon a child in conflict with law. (Para 12)

Facts of the case:
Petitioner, a child in conflict with law, was involved in a murder case. He filed an application for default bail on the ground that the police failed to file the charge-sheet within one month as prescribed by the Model Rules. The Juvenile Justice Board and the Appellate Court dismissed the application, noting that no such default bail provision exists under the Act and the release of the juvenile would defeat the ends of justice.

Findings of Court:
Court held that Rule 10(5) of the 2016 Rules is procedural and does not mandate automatic bail upon delay. Given the heinous nature of the offence and the active participation of the petitioner, his release would defeat the ends of justice as per the proviso of Section 12(1) of the Act.

Issues: Whether a child in conflict with law is entitled to default bail for failure to file a charge-sheet within one month under the JJ Act/Rules, and whether his release would defeat the ends of justice.

Ratio Decidendi: A juvenile's right to bail is not absolute under Section 12 of the JJ Act. It is subject to the exceptions in the proviso (danger to child or defeat of justice). Procedural rules regarding timeframes for investigations do not create a statutory right to default bail.

Result: Petition dismissed.

Table of Content
1. summary of fir, facts leading to arrest, and procedural history. (Para 1 , 2 , 3)
2. arguments concerning default bail and filing of police reports within specific timelines. (Para 4 , 5 , 6 , 7)
3. court's interpretation of section 12 of the jj act and the denial of default bail in heinous offences. (Para 8 , 9 , 10 , 11 , 12 , 13)
Sr. No. Particulars Details
1 The date when the judgment is reserved 23.03.2026
2 The date when the judgment is pronounced 30.03.2026
3 The date when the judgment is uploaded on the website 30.03.2026
4 Whether only operative part of the judgment is pronounced or full judgment is pronounced Full
5 The delay, if any, of the pronouncement of full judgment, and reasons thereof Not applicable

***

MANISHA BATRA, J :-

The petitioner is challenging the order dated 22.09.2025 passed by the learned Principal Magistrate, Juvenile Justice Board, Panipat in case arising out of FIR No. 419 dated 27.06.2025, registered under Sections 103(1) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Section 3 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC/ST Act’) at Police Station Chandni Bagh, Panipat, whereby an application for grant of default bail as filed by the petitioner, had been dismissed, order dated 09.10.2025 as passed by learned Principal Magistrate in the same FIR whereby the prayer made by him for return of the charge-sheet and to release the petitioner from custody had been dismissed as well as the order dated 10.11.2025 passed by the Court of learned Additional Sessions Judge/Appellate Court Panipat, whereby an appeal filed against the order dated 09.10.2025 had been dismissed.

2. Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a complaint moved by the complainant Rajpal alleging therein that his son Kanhiya was studying in 12th Class in the local government school. The present petitioner (name withheld) along with the co-accused, was also studying therein. All of them used to insult his son Kanhiya by hurling abuses in the name of his caste. His son used to resist and then the petitioner and others used to make attempts to assault him. On 25.05.2025 also, the present petitioner extended beatings to his son and hurled abuses and then in order to create a defence, he lodged a complaint at Police Station Chandani Bagh, Panipat. A settlement was arrived at between them at the police station. He alleged that in the morning of 26.06.2025, his son had gone towards village Ujha Gate to buy vegetables when he was intercepted by the petitioner and co-accused Rishabh and Harsh. They opened an assault upon him by giving fist blows, kicks and slaps and then fled away. His son along with his friends had gone to the house of the petitioner to complain but to no avail. Rather accused Rakhi caught hold of the son of the complainant with the help of accused Chand and Vicky who insulted his son in the name of his caste. The son of the complainant and his friends tried to flee from there but the petitioner and accused namely Rishabh, Harsh and Chand caught hold of him. They struck blows with their respective weapons. Accused Rishab struck a blow with a knife. The petitioner extended beatings with an iron punch to his son and the other accused also assaulted him with scissors and other weapons. The victim was rushed to the hospital but was declared to be brought dead.

3. After registration of FIR, investigation proceedings were initiated. Post mortem examination of the dead body of the victim was conducted. Statements of witnesses were recorded. The petitioner along with the co-accused Harsh, was arrested on 28.06.2025. He suffered disclosure statement admitting his involvement in the crime and demarcated the place of occurrence. The co-accused also suffered disclosure statement. Rakhi and Chand named as accused were found innocent. Remaining accu

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