Ajay Rastogi, J. - (1.) INSTANT revision petition Under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 ("Act, 2000") has been filed by petitioner (accused) assailing order dt. 01/12/07 in Cr Appeal No. 69/07 whereby Sessions Judge, Baran upheld the order dt.27/11/07 of Principal Magistrate, Juvenile Justice Board (CJM), Baran declining bail Under Section 12 of the Act to the petitioner in FIR -633/07.
(2.) CIRCUMSTANCES leading to instant petition are that FIR -633/07 was registered on a report lodged by informant Mukesh at police station Kotwali (Baran) against petitioner for offence Under Section 377, IPC, wherein he was arrested on 26/11/07 despite being a juvenile delinquent under the Act; since then is in custody. After investigation, charge sheet has been filed for offence Under Section 377, IPC, against him. Petitioner moved an application Under Section 12 of the Act before Juvenile Justice Board but it was rejected vide order dt. 27/11/07 after taking note of seriousness of the offence allegedly committed by him - against which, he preferred an appeal Under Section 52 of the Act, but was dismissed by Court of Sessions vide order dt. 01/12/07. Hence instant revision petition.
(3.) THIS Court has considered contentions of Counsel for the parties and with their assistance, examined material on record. Section 12 of the Act provides ad infra: 12. Bail to juvenile. - (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 Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or person 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 regarding him as may be specified in the order.;