- (1.) This revision petition is against the order dated 06.06.2011 passed by the learned Sessions Judge, Rupnagar whereby the bail application of the petitioner-Juvenile has been dismissed.
(2.) The allegation in the F.I.R is that on 27.03.2010, the present petitioner along with Manjinder Singh and Harjinder Singh alias Jindu had attacked Manjit Singh and Gurcharan Singh. As a result of which, both suffered injuries but Manjit Singh died and the F.I.R was registered. The present petitioner was a Juvenile. F.I.R was registered against all the accused and all are facing trial. The petitioner being a Juvenile moved an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act,2000 (for short 'the Act') and the same was declined on the ground that as per Section 12 of the Act, when the Juvenile is charged with a heinous crime and is facing a trial, while granting bail to juvenile also to see if the case of Juvenile falls in the exceptions enumerated in the matter of grant of bail. Section 12 of the Act is reproduced as under:- "12. Bail of juvenile.- (1) When any person accused of a bailable or nonbailable 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. (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 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 regard ng him as may be specified in the order".
(3.) The Court while declining bail have given reasonable reasons that no undertaking was given by the guardians of parents or other relatives of the petitioner to show that he will not associate with any criminal if released on bail and nor any undertaking or affidavit to show that release of petitioner on bail will not expose him to moral, physical or psychological danger.;