- (1.) In this revision the prayer of the petitioner is to set aside the order dated, 3rd May 1995 of the learned Sessions Judge, Jaipur City, in Criminal Appeal No. 72/95 confirming the order of Principal Magistrate, Juvenile Court, Jaipur whereby bail was declined to the petitioner. The circumstances leading to the petition may be narrated as under : Crime No. 19/94 was registered at Police Station, Mansarowar under Section 302 IPC. The petitioner, who is a delinquent juvenile under the Juvenile Justice Act, 1986 (hereinafter referred to as the Act) was arrested in the aforesaid case on January 21, 1994, as stated by the learned counsel for the petitioner. Initially, the charge-sheet was submitted in the Court of Special Judge (Sati Niwaran) Court but subsequently the case was made over to the Juvenile Court for an inquiry as the petitioner was a delinquent juvenile and could be dealt with under the aforesaid Act. The petitioner, thereafter, moved an application for bail under Section 18 of the Act before the Juvenile Court. The said application was rejected on April 24, 1995 observing that looking to the nature and seriousness of the case and also the interest of the delinquent juvenile it was not justified to release him on bail. Against that order an appeal was preferred before the Court of Sessions under Section- 37 of the Act and the same was also rejected on 3-5-95. Now, the petitioner has approached this Court by preferring this revision petition.
(2.) At the out-set, it may be stated that revision petition has wrongly been filed under Section 397 read with Section 401 of the Code of Criminal Procedure, perhaps without looking to the provisions of the Act, as a revision is provided under Section 38 of the Act. However, I treat this revision under Sec. 38 of the Juvenile Justice Act.
(3.) Section 18(1) of the Act contains the provision of bail and it runs 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 appears 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." From a perusal of above Section it clearly transpires that a delinquent juvenile ordinarily has to be released on bailirrespective of the nature of the offence alleged to have been committedunless it is shown that there appears reasonable ground for believing that his release is likely to bring him under the influence of any criminal or expose him to moral danger or that his release would defeat the ends of justice. ;