SWATANTER KUMAR, J. - (1.) THIS is a petition under Section 439 of the Criminal Procedure Code where the petitioner has prayed that he be released on bail in an offence under Sections 304-B/34 of Indian Penal Code. The necessary facts are that Sukhraj Kaur was married in March, 1991, to Devinder Singh son of Iqbal Singh. Devinder Singh is brother of the minor Karamdeep Kaur petitioner herein. In the FIR, allegations are made against all the accused including the petitioner. The llegations relate to treating the deceased with cruelty and demand of dowry etc. It is stated that the deceased was killed and information of her death came to the notice of the complainants on 28. 4. 95. A case under Sections 304-B/34 of Indian Penal Code in FIR No. 22 dated 28. 4. 1995 was registered in the Police Station, City, Gurdaspur, against all the accused including the petitioner. The petitioner was taken into custody.
(2.) THE petitioner filed an application for bail before the Juvenile Justice Bench of the Districts of Amritsar and Gurdaspur, at Gurdaspur, which was rejected by the learned Principal Magistrate at Gurdaspur vide his order dated 5th July, 1995. The learned Counsel for the petitioner has argued that order of the learned Court below suffers from jurisdictional errors. The learned Judge has failed to take notice and deal with the provision and requirements of Section 18 of the Juvenile Justice Act," 1986 (hereinafter referred to as the Act); Section 18 (1) of the Act reads as under : "18. Bail and custody of juveniles:- (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 Juvenile Court, 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 danger or that his release would defeat the ends of justice. "
(3.) THE language of Section 18 of the Act clearly provides that when a juvenile is arrested, he is entitled to be released on bail except for the circumstances stated as an exception to this rule under Sub-section (1) of Section 18 of the Act. Section 18 itself is an exception to the general rule of the Criminal Procedure Code where an accused may not be released on bail by Courts keeping in view the gravity of the offence, the age and conduct of the accused. Nature and gravity of the offence alone does not seem to be a a lone criteria while adjudicating an application for bail by a juvenile under this Act.;