RAJESH BINDAL, J. - (1.) THE petitioner has approached this Court challenging the order dated 28.1.2008 passed by the learned Additional Sessions Judge, Gurgaon whereby the appeal filed by the petitioner against rejection of his application for release on bail by the Principal Magistrate, Juvenile Justice Board/Chief Judicial Magistrate, Gurgaon, was dismissed.
(2.) THE petitioner, who is a juvenile, is an accused in FIR No. 270 dated 11.12.2007 registered under Sections 302/34 IPC and 25/54/59 of Arms Act at Police Station, Sector 40, Gurgaon. He is a student of Class - 8 in Euro International School, Gurgaon. The allegations against the petitioner is that in a fight, Akash and the petitioner shot dead Abhishek son of Ravinder, their class mate with the use of revolver in the school premises. The application for bail filed by the petitioner was rejected by the Principal Magistrate, Juvenile Justice Board/Chief Judicial Magistrate, Gurgaon on 18.1.2008. In appeal against the order, the petitioner failed even before the Additional Sessions Judge, Gurgaon. Learned counsel for the petitioner referring to Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short, 'the Act') and relying upon judgments of Hon'ble the Supreme Court in Gopinath Ghosh v. The State of West Bengal, 1984(1) RCR(Criminal) 444 and this Court in Atul Kumar and another v. State of Haryana, 2003(4) RCR(Criminal) 404 and Ramesh alias Meshu v. State of Haryana, 2005(1) RCR(Criminal) 65 submitted that the bail to juvenile is a rule and rejection can only in case there are reasonable ground to believe that release of the juvenile is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger. The submission is that none of the ingredients is available which could enable the Courts below to form an opinion that there exist such circumstances which are sufficient to reject the bail application of the petitioner. He further submitted that the petitioner is a Class-8 student with no criminal background, even his parents are also not involved in any criminal activity. It would be in the fitness of things that the petitioner is kept at home in the company and supervision of his parents instead of keeping him in orphanage where he may come in contact with other criminals or orphans who may have some criminal background as well.
(3.) HON 'ble the Supreme Court in Gopinath Ghosh's case (supra), considering the prayer for bail by a juvenile, who was an accused for offence committed under Section 302 IPC opined as under :- "It clearly transpires from a combined reading of the sections hereinbefore extracted that where a Juvenile delinquent is arrested, he/she has to be produced before a Juvenile court and if no Juvenile Court is established for the area, amongst others, the Court of Session will have powers of a Juvenile court. Such a Juvenile delinquent ordinarily has to be released on bail irrespective of the nature of the offence alleged to have been committed unless it is shown that there appears reasonable grounds for believing that the release is likely to bring him under the influence of any criminal or expose him to moral danger or defeat the ends of justice." ;