ORDER
N.L. Tibrewal, J.
1. In this revision the prayer of the petitioner is to set aside the order dated, 3rd May 1995 of the learned Sessions Judge, Jaipur City, in Criminal Appeal No. 72/95 confirming the order of Principal Magistrate, Juvenile Court, Jaipur whereby bail was declined to the petitioner. The circumstances leading to the petition may be narrated as under:
Crime No. 19/94 was registered at Police Station, Mansarowar under Section 302 IPC. The petitioner, who is a delinquent juvenile under the Juvenile Justice Act, 1986 (hereinafter referred to as the Act) was arrested in the aforesaid case on January 21, 1994, as stated by the learned counsel for the petitioner. Initially, the charge-sheet was submitted in the Court of Special Judge (Sati Niwaran) Court but subsequently the case was made over to the Juvenile Court for an inquiry, as the petitioner was a delinquent juvenile and could be dealt with under the aforesaid Act. The petitioner, thereafter, moved an application for bail under Section 18 of the Act before the Juvenile Court. The said application was rejected on April 24,1995 observing that looking to the nature and seriousness of the case and also the interest of the delinquent juvenile it was not justified to release him on bail. Against that order an appeal was preferred before the Court of Sessions under Section 37 of the Act and the same was also rejected on 3-5-95. Now, the petitioner has approached this Court by preferring this revision petition.
2. At the out-set, it may be stated that revision petition has wrongly been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, perhaps without looking to the provisions of the Act, as a revision is provided under Section 38 of the Act. However, I treat this revision under Section 38 of the Juvenile Justice Act.
3. Section 18(1) of the Act contains the provision of bail and it runs as under:
'18. Bail and custody of juveniles - (1) When any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice.' From a perusal of above section it clearly transpires that a delinquent juvenile ordinarily has to be released on bail irrespective of the nature of the offence alleged to have been committed unless it is shown that there appears reasonable ground for believing that his release is likely to bring him under the influence of any criminal or expose him to moral danger or that his release would defeat the ends of justice.
4. Other provisions of the Act are also relevant to be considered. Section 23 of the Act prohibits institution of proceedings against a juvenile under Chapter VIII of the Code of Criminal Procedure which contain provisions in relation to security for keeping peace and good behaviour. Section 24, then, provides that a juvenile shall not be charged with or tried for any offence with a person who is not a juvenile. Section 20 of the Act contains special provision for the inquiry by a juvenile Court regarding delinquent juveniles for offences committed by them and it provides that such inquiry shall be held by the Juvenile Court in accordance with the provisions of Section 39 of the Act. Section 39 provides to follow the procedure laid down in the Code of Criminal Procedure for trials in summons cases. Then, Section 21 provides final orders that can be passed by a Juvenile Court after completion of inquiry against a delinquent juvenile. It provides the following orders which could be passed by the Juvenile Court if it so thinks fit:
i) to allow the juvenile to go home after advice or admonition;
ii) to direct the juvenile to be released on probation of good conduct and placed under the care of any parent, guardian or other fit person, on such parent, guardian or other fit person executing a bond, with or without surety as that Court may require, for the good behaviour and well being of the juvenile for any period not exceeding three years;
iii) to direct the juvenile to be released on probation of good conduct and placed under the care of any fit institution for the good behaviour and well being of the juvenile for any period not execeeding three years;
iv) to make an order directing the juvenile to be sent to a special home -
a) in the case of a boy over fourteen years of age or of a girl over sixteen years of age, for a period of not less than three years;
b) in the case of any other juvenile, for the period until he ceases to be a juvenile;
Provided that the Juvenile Court may, if it is satisfied that having regard to the nature of the offence and the circumstances of the case it is expedient so to do, for reasons to be recorded, reduce the period of stay to such period as it thinks fit;
Provided further that the Juvenile Court may, for reasons to be recorded, extend that period of such stay, but in no case the period of stay shall extend beyond the time when the juvenile attains the age of eighteen years, in the case of a girl;
v) to order the juvenile to pay a fine if he is over fourteen years of age and earns money.'
The above provisions clearly show that extraordinary procedure has been prescribed for bails, inquiry and punishment regarding delinquent juveniles. The trial of a delinquent juvenile under the Code of Criminal Procedure is prohibited. The delinquent juvenile has to be dealt with under the provisions of the Act which are curative and reformative than punitive. Section 22 of the Act expressly provides that no delinquent juvenile shall be sentenced to death or imprisonment or committed to prison in default of payment of fine or in default of furnishing security. Thus, the delinquent children have been given a special status as a class to be dealt with as per the provisions of the Act which are intended to reform them and to save them from becoming hardened criminals.
5. In the back ground of the aforesaid provisions the question that arises for determination is, whether the bail was rightly declined to the petitioner Section 18(1) of the Act referred to herein before clearly lays down that bail to a delinquent child is a rule and mandate of the Act irrespective of the nature and seriousness of the offence committed by him. The Section also provides the grounds and circumstances when bail can be declined to a juvenile delinquent. Those grounds are that: release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. Further, there should be material on record to show that any of the above circumstances exists to decline bail. It appears that neither the Juvenile Court nor the learned Sessions Judge cared to look into the provisions of Section 18 before declining bail to the petitioner. None of the grounds on which bail could be refused to a delinquent child as per Section 18 has been narrated either by the Juvenile Court or by the learned Sessions Judge. Their main emphasis for rejection of bail was the nature and seriousness of the offence which was hardly relevant for refusing bail to a delinquent child under Section 18(1) of the Act.
6. I have been informed that the petitioner was arrested on January 21, 1994. If it is so, it is really painful to observe that he has not been dealt with in the spirit of the express provisions contained in Section 18(1) of the Act.
The Act is a beneficial arid social oriented legislation which should be given; full effect by all concerned whenever a matter relating to a delinquent child comes before them!
7. The net result of the above discussion is that this revision petition is allowed. The orders of the Juvenile Court as well of the learned Sessions Judge declining bail to him are set aside and it is directed that he shall be released on bail on furnishing a personal bond by his natural guardian in the sum of Rs. 5,000/- and a surety in the like amount to the satisfaction of the Juvenile Court with a stipulation that on all subsequent dates of hearing he shall appear before the said Court or any other Court during pendency of inquiry in the case and that the guardian shall keep proper look after of the delinquent child and keep him away from the company of known criminals.