Judgment:
Criminal Revision No.3268 of 2013b 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.3268 of 2013 DATE OF DECISION : January 23, 2014 Kamal Kumar @ Dilraj ...Petitioner Versus State of Haryana ...Respondent CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL Present Mr. R. S. Mamli, Advocate for the petitioner. Mr. Shekhar Mudgal, AAG, Haryana. *** M.JEYAPAUL, J.
1. The petitioner who is a juvenile aged 17½ years has been taken into custody on 15.6.2013 in connection with a case of murder which allegedly took place on 11.6.2013 and he has been in custody right therefrom. The trial is going to begin shortly.
2. The order passed by the courts below does not reflect that any material was produced to come to a conclusion that the release of the applicant would in all probability bring him into association with any known criminal or expose him to moral, physical or physiological danger or that such a release would defeat the very ends of justice. If no such material is available as against the juvenile Singh Parvinder 2014.01.24 10:17 I attest to the accuracy and integrity of this document Criminal Revision No.3268 of 2013b 2 who has committed even heinous crime, the provision under Section 12 of the Juvenile Justice Care and Protection of Children Act mandates that bail shall be the rule.
3. In the instant case nothing was produced disabling the court to pass an order granting bail to the juvenile.
4. Even otherwise coming to the merit of the allegation found in the First Information Report, I find that the petitioner-juvenile had allegedly used his leg to cause some injury on the private parts of the victim. No weapon was allegedly possessed by the petitioner. It may take some time for the trial to get terminated.
5. For the aforesaid reasons, I find that the petitioner- juvenile has made out a case for grant of bail. The petitioner shall be released on bail on the surety furnished by his mother, of course subject to the satisfaction of the trial court.
6. The petition is allowed accordingly. (M. JEYAPAUL) JUDGE January 23, 2014 p.singh Singh Parvinder 2014.01.24 10:17 I attest to the accuracy and integrity of this document