Allowed

Raja v. The State Of Chhattisgarh

Chhattisgarh HC10 Dec 2015CRR/866/2015

Case brief

AI extract

What is this about?

The Chhattisgarh High Court allowed a revision petition seeking bail for a 17-year-old applicant. The court held that Section 12 of the Juvenile Justice Act, 2000 mandates release on bail for juveniles unless there are reasonable grounds fearing association with criminals or danger. Relying on the Probation Officer's report, the court set aside lower court orders and granted bail.

What did the court decide?

The revision petition was allowed; impugned orders were set aside; the applicant was directed to be released on bail with a bond of Rs. 10,000 and one surety.

Raja Vs The State Of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2015)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 866 of 2015

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Raja aged about 17-1/2 years, S/o Jamuna, R/o Khongapani, Thana Jhagrakhand, District Koriya, through Father Jamuna, aged about 56 years, S/o Sachhan, R/o Pakka Dhouda, House No. 176, Ward No. 8, Khongapani, Thana Jhagrakhand, District Koriya, CG

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---- Applicant Versus
1. The State of Chhattisgarh through Police Station Jhagrakhand, District Magistrate, Baikunthpur, District Koriya. ---- Respondent
For Applicant: Shri Parag Kotecha, Advocate
For Respondent/State: Shri Avinash Mishra, PL

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Order On Board by Pritinker Diwaker, J

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10/12/2015

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On mention being made, this case is taken up for being decided finally.

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This revision petition has been filed by the applicant against the order dated 23.9.2015 passed by Sessions Judge, Baikunthpur, in Criminal Appeal No. 35/2015 dissmissing the appeal preferred by him against the order dated 16.9.2015 passed by the Juvenile Justice Board, Raipur.

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As per the case of prosecution, the applicant has been made accused along with seven other persons for committing the offence punishable under sections 294, 506, 307, 342 and 147 of the Indian Penal Code.

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Counsel for the applicant submits that out of the total 8 accused persons, six major ones have been released on regular bail. He submits that both the Courts below have erred in law in rejecting the bail application by order dated 16.9.2015 as also the appeal filed by

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the applicant, by order dated 23.9.2015. According to him, the applicant is a student pursuing his studies in mechanical diploma course. He submits that the provisions of Section 12 of the Act of 2000 have been completely ignored by both the Courts below. According to the counsel for the applicant the report of the Probation officer does not indicate anything agianst the applicant, rather it says that the incident had taken place all of a sudden otherwise the behaviour of the applicant is very good. He submits that if not released on bail, his education would be adversely affected. According to the counsel for the applicant, the report of the Probation Officer nowhere says that release of the applicant on bail would expose him to moral, physical or psychological danger or bring him into association with any known criminal.

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State counsel however supports the orders impugned passed by the Courts below and submits that the application for release of the applicant on bail and then the appeal preferred subsequently have rightly been dismissed and there is no infirmity or illegality in the same.

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Heard counsel for the parties and perused the documents on record.

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Before drawing any conclusion regarding correctness or otherwise of the orders impugned, glance of the relevant provisions such as Section 12 of the Act of 2000 becomes necessitous, which is reproduced as follows:

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“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 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 [ or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person] but he shall not be so released if there appear reasonable grounds for believing that the

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release is likely to bring him into association with nay known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

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(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.

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(3) When such person is not released on bail under subsection (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.”

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A bare reading of section 12 (1) makes it clear that 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 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. It further says that such person 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 tht his release would defeat the ends of justice.

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Similarly, Section 13 of the Act of 2000 reads as under:

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“13. Information to parent, guardian or probation officer. - Where a juvenile is arrested, the officer incharge of the police station or the special juvenile police unit to which the juvneile is brought shall, as soon as may be after the arrest, inform-

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(a) the parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board befor ewhich the juvenile will appear; and

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(b) the probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making the inquiry.”

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In the case in hand the report of the probation officer says that

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the present offence has been committed by the applicant by mistake otherwise he belongs to a discipline-loving family. Report further says that the applicant is a student of mechanical diploma course and his relations with the teachers were amiable and that if he is not released on bail, his educational activities may be hampered. The report nowhere says that if the applicant is released on bail, he would come into association with any known criminal or it would expose him to moral, physical or psychological danger or it would defeat the ends of justice.

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Thus considering the facts and circumstances of the case and the report of the Probation Officer, present revision is allowed. Orders impugned are hereby set aside. Applicant is directed to be released on bail on his guardian or parents furnishing a bond in the sum of Rs. 10,000 with one surety for the like sum to the satisfaction of the concerned Juvenile Justice Board. The applicant is directed to appear before the said Board on all the dates as are given to him.

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11. Revision allowed.

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Sd/-

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(Pritinker Diwaker) Judge

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Jyotishi

Raja v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Raja v. The State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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