Allowed

Gurpreet Singh Minor v. State of Haryana

Punjab & Haryana HC9 Oct 2012CRR/2720/2012

Case brief

AI extract

What is this about?

This revision petition sought bail for a juvenile, Gurpreet Singh, charged with kidnapping and murder. The High Court held that while heinous crimes are serious, Section 12 of the Juvenile Justice Act grants a right to bail unless specific reasonable grounds exist. Finding no evidence of a criminal family background or specific threat of association with known criminals, the Court granted bail.

What did the court decide?

The petitioner juvenile was directed to be released on bail to the satisfaction of the Principal Magistrate, Juvenile Justice Board/CJM, Kurukshetra.

Gurpreet Singh Minor Vs State of… — Child Custody and Guardianship | Punjab & Haryana HC (2012)

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Crl.Revn. No. 2720 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Crl.Revn. No. 2720 of 2012 (O&M) Date of decision : 09.10.2012

Gurpreet Singh minor

......Petitioner

versus

State of Haryana

.....Respondent

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: Mr. M.S. Joshi, Advocate for the petitioner.

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Mr. Shivendra Swarup, AAG, Haryana.

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RITU BAHRI , J.

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Gurpreet Singh (minor) has approached this Court for enlarging his on bail in FIR No. 39 dated 20.03.2012, P.S. Babain for the offence under Sections 465, 302, 201 and 120-B IPC

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Brief facts of the case are that a boy Abhinav was missing from the village Isharheri and later on his body was found in the canal near village Kirmach and the FIR was registered on the statement made by Jagtar Singh son of Baru Ram against unknown persons. The petitioner along with his uncle Sunil and one relative Harminder Singh @ Bhinda were arrested. The petitioner was involved in criminal conspiracy with Sunil Kumar and Harminder Singh @ Bhinda and after kidnapping the boy, they murdered him and his dead body

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Crl.Revn. No. 2720 of 2012 (O&M) -2-

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was thrown in the canal just to destroy all the evidence. The offensive weapon i.e. Kassi was recovered from the field of wheat. The Principal Magistrate, Juvenile Justice Board vide order dated 01.06.2012 has declined bail application of the petitioner. The apprehension of the Board was that after grant of bail, he will come to the contact of any known criminal or such release may expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. During the pendency of the investigation, there was no possibility of grant of bail.

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On appeal, the Court of Additional Sessions Judge, Kurukshetra vide order dated 13.06.2012 has affirmed the order dated 01.06.2012 passed by the Principal Magistrate, Juvenile Justice Board by observing that the petitioner had played major role in kidnapping of Abhinav, who was studying in 6^th Class in DAV School, Shahbad and thereafter he had committed murder with the help of Sunil Kumar and releasing him on bail would encourage him and would embolden him to involve in commission of such heinous crime like murder.

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Heard learned counsel for the parties. Before deciding the case, it would be necessary to read out Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for brevity 'the Act'), which reads as under:

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“12. Bail of juvenile.- (1) When any person

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Crl.Revn. No. 2720 of 2012 (O&M)

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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 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.

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(2) When such person having been arrested is not released on bail under sub-section (1) by the officer incharge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can brought before a Board.

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(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.”

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A perusal of Section 12 of the Act shows that if the juvenile is arrested or detained or appears or is brought

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before a Board, such person shall be released on bail with or without surety but he shall not be so released. It further appears that 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 only then the bail to Juvenile can be declined. The case of the petitioner has to be considered keeping in view the object of Section 12 of the Act.

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After going through both the orders, the apprehension of both the Courts is that the petitioner was involved in henious crime in murdering the boy Abhinav after kidnapping. If he is released on bail, it would encourage him to involve in such heinous crime or he may be brought to the association of any known criminal.

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A bare reading of Section 12 makes out that the Juvenile has a right for grant of bail in case of bailable offence or non-bailable offence. He is entitled to bail with or without surety. The only exception is that if there appear some reasonable ground for believing that he is likely to come into the contact of any known criminal or such release may expose him to moral, physical or psychological danger or that his release would defeat the ends of justice, the bail can be declined. In the facts of the present case, no such offence has been narrated or set out by the prosecution

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Crl.Revn. No. 2720 of 2012 (O&M)

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which could lead to a conclusion that he is likely to come into contact of known criminal. Apart from the fact that the offence is of grave nature, no circumstances have been brought out to show that he cannot be sent back to stay with his parent and that could not maintain the child in peace and harmony in civilized society. There is no evidence that the present petitioner belongs to criminal family and no such material has been placed before the Court that his family has criminal background. Though the other co-accused Sunil Kumar is his uncle but the parents of the petitioner do not carry any criminal background. Bail to juvenile under Section 12 of the Act is a right and rejection thereof is an exception for reasons stated above. My view is fortified with the view taken by a Coordinate Bench of this Court in the case of Vikas Yadav v. State of Haryana, 2009 (4) RCR (Crl.) 440 and Satbir v. State of Haryana 2011 (2) RCR (Crl) 621.

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Considering the totality of the facts and circumstances of the case, it is directed that the petitionerJuvenile be released on bail to the satisfaction of the Principal Magistrate, Juvenile Justice Board/ CJM, Kurukshetra.

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Accordingly, the revision petition stands disposed

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( RITU BAHRI) JUDGE

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October 09, 2012 Atul

Gurpreet Singh Minor v. State of Haryana

Case brief

What is this about?

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Gurpreet Singh Minor v. State of Haryana

Case brief

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