JUDGMENT
P.C.
1. Heard the learned Counsel for both the parties in Criminal Application No. 1738 of 2003 and Criminal Application No. 1719 of 2003.
2. The learned Counsel appearing for applicant in Criminal Application No. 1719 of 2003 has submitted that the bail granted by the Sessions Court to the respondent No. 2 i.e. applicant in Criminal Application No. 1738 is liable to be cancelled, as firstly it has been obtained by suppressing material facts. He further submitted that the Juvenile Court had released the respondent No. 2 juvenile accused on temporary bail. It is submitted that this fact was not brought to the notice of the sessions court and, therefore, by virtue of suppression of material facts, the sessions court had granted bail to the juvenile accused. He further submitted that the complainant is still in coma and has not yet recovered and that grave and heinous crime has been committed by the Juvenile accused. It is further submitted that the witnesses have stated in their statement that Kunal Sankhe was mercilessly assaulted by all the accused. It is submitted that by taking advantage of the temporary bail order, which was obtained by suppressing material facts, the other accused are also released on bail. He, therefore, submitted that the bail which was granted by the sessions court, in these circumstances, was liable to be cancelled. He further submitted that two of the other accused who are members of the same family have visited the hospital where the complainant is admitted and there is danger to his life. He, however, candidly submitted that this fact is not mentioned in the present application but the same has been mentioned in the other application which is filed by him before this Court.
3. Shri Jha, the learned Counsel for respondent No. 2 Juvenile, applicant in Criminal Application No. 1738 of 2003 has submitted that in view of the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the Act for short), the Juvenile Board had no other option but to release the juvenile on bail, unless the conditions which are mentioned in the said section are noticed by the board. He further submitted that only if there is a reasonable ground made out by the prosecution that the Juvenile is likely to be involved or exposed with known criminals, the board could refuse to grant bail.
4. I have perused the application as also the orders passed by the sessions court and the juvenile board. The present Act has replaced the old Act of 1986. It will be relevant to take into consideration the objects and reasons of this Act. It is stated in the objects and reasons that the old Act laid less emphasis on the protection and care of juveniles and, therefore, in order to consolidate various provisions under various Acts, the present Act was brought in force. The second reason for introducing the present Act in its new form was that it was noticed that it was not advisable to keep juveniles in the company of hardened criminals or even in remand homes. The Act was primarily introduced to give effect to the International Convention which was held in 1985 at Beijing and United Nation Rules 1990. In the context of the aims and objectives of the present Act, it would be profitable and relevant to consider the relevant provision, which reads as under :–
“Section 12. Bail of juvenile–(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 Board, such personal 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 appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
(2) When such person having been arrested is not released on bail under Sub-section (1) by the officer in charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
(3) When such person is not released on bail under Sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.”
5. From the perusal of the said section it is clear that in case it is found that the juvenile is involved in any criminal offence, the normal rule would be to grant bail and the Board is empowered to release the juvenile on bail unless it comes to the conclusion that by releasing such a person on bail, he would come in contact with known criminals or that his life is likely to be in danger. This particular provision is made to ensure that large number of juvenile delinquents who do not have a regular place of residence or a family or abode are not brought to the mercy of known criminals and are as a result exploited by these criminals for their own ends.
6. In the present case such an allegations has not been made either by the prosecution or by the juvenile board. The juvenile in the present case has a family. He is a student who has appeared for 10th std. Exam, and his result is awaited. Secondly no case is made out at this stage to suggest that any new grounds have been made out for cancellation of bail. It is not alleged that the juvenile has tampered with the evidence or is likely to tamper with the evidence. The investigation is not yet over. In these circumstances, in my view, no case is made out for cancellation of bail. Ad-interim order passed by this Court is, therefore, vacated and the juvenile is directed to be released on bail. However, the juvenile shall report to the Juvenile Board once in a week on every Saturday till the charge sheet is filed and thereafter once in two weeks.
7. The juvenile in directed not to tamper with the evidence.
8. All concerned to act on a copy of this order duly authenticated by the Sheristedar.