Judgment:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR No.3925 of 2013 Date of Decision: February 11, 2014 Krishan alias Monu ...Petitioner VERSUS State of Haryana ...Respondent CORAM: HON'BLE Mr.JUSTICE INDERJIT SINGH Present: Mr.Ram Darshan Yadav, Advocate for the petitioner.
Mr.Subhash Godara, Addl.
Advocate General, Haryana for the respondent-State.
**** INDERJIT SINGH, J.
Krishan alias Monu has filed this revision petition against State of Haryana under Section 401 Cr.P.C.challenging the order dated 15.11.2013 passed by learned Juvenile Justice Board, Rewari as well as the order dated 04.12.2013 passed by learned Addl.
Sessions Judge, Rewari vide which the bail application and the appeal against the order of Juvenile Justice Board has been dismissed.
I have heard learned counsel for the petitioner and have gone through the record.
As per prosecution version, the allegation against the petitioner is that he committed rape and he is in custody since 03.09.2013 and the challan has already been presented.
Learned Judicial Magistrate while rejecting the application has given the reasoning that there are chances that the release of the petitioner is likely to bring him into association with any known criminal or expose Gulati Vineet 2014.02.17 10:13 I attest to the accuracy and integrity of this document Chandigarh CRR No.3925 of 2013 -2- him to moral, physical or psychological danger or that his release would defeat the ends of justice.
There is nothing in the order as to how he will come in association with any known criminal and how he will be exposed to moral, physical or psychological danger etc.Learned Addl.
Sessions Judge, Rewari, in appeal, has mainly taken in view the serious allegation against the appellant (present petitioner) as one of the ground for rejecting the appeal.
The Appellate Court has not given reason as to how and from which facts the petitioner will come in association with any known criminal and how he will be exposed to moral, physical or psychological danger etc.As per Section 12(1) of Juvenile Justice (Care and Protection of Children) Act, 2000 , the bail is to be granted to the juvenile without looking into the nature and gravity of the offence.
The exceptions are given in Section 12 of the above-said Act but there is nothing on the record, from which it can be inferred that if the petitioner is released, he will come in association with any known criminal and how he will be exposed to moral, physical or psychological danger etc.or that his release would defeat the ends of justice.
Therefore, finding merit in the revision petition, the same is allowed and the petitioner is ordered to be released on regular bail on furnishing bail bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the learned Juvenile Justice Board, Rewari.
(INDERJIT SINGH) February 11, 2014 JUDGE Vgulati Gulati Vineet 2014.02.17 10:13 I attest to the accuracy and integrity of this document Chandigarh