Criminal Revision No. 1766 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Revision No. 1766 of 2009 (O&M)
Date of decision: 10.8.2009
Swaran Singh and another
.. Petitioners
v.
State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. P. S. Brar, Advocate for the petitioners.
Mr. Mehardeep Singh, Deputy Advocate General, Punjab.
...
Rajesh Bindal J.
Prayer in the present petition is for grant of regular bail to the
petitioners, who were admittedly juveniles. They are accused in FIR No. 45 dated
15.5.2009, registered against them under Sections 307/325/324/323/427/148/149
IPC, Police Station Lambi.
After registration of the FIR, the petitioners are in custody since
17.5.2009 and 19.5.2009 respectively. Learned counsel for the petitioners
submitted that in terms of the allegations in the FIR, the petitioners are only
attributed dang blows on the back of the complainant, which were found on the left
and right shoulders. The injuries were found to be simple in nature.
The facts stated by learned counsel for the petitioners regarding
attribution to the petitioners was not disputed by learned counsel for the State.
Even otherwise, the petitioners, being juveniles, are entitled to the benefits as are
provided under the Juvenile Justice (Care and Protection of Children) Act, 2000,
(for short, `the Act’) where bail to a juvenile is a rule.
A perusal of the orders passed by the learned courts below do not in
any way suggest that there is any likelihood of the petitioners coming into
association with any known criminal in case they are released on bail. As the
ingredients, as are required for rejection of bail in terms of Section 12 of the Act,
have not been mentioned in the impugned orders, the rejection of bail application
of the petitioners, who were juveniles, was totally illegal.
For the reasons mentioned above, the impugned orders passed by the
Criminal Revision No. 1766 of 2009 [2]
learned courts below are set aside. It is directed that the petitioners, who are in
custody, shall be released on bail pending trial on such terms, as may be
considered appropriate by the learned Chief Judicial Magistrate/ Duty Magistrate,
Muktsar in terms of provisions of Section 12 of the Act.
The petition stands disposed of.
(Rajesh Bindal)
Judge
10.8.2009
mk