The High Court of Punjab & Haryana has asserted that a Court of an Additional Sessions Judge in Nuh had failed to take into consideration Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000, which says bail, & not jail, is the rule.
Justice Vikas Bahl asserted: “A perusal of the impugned order will show that the provisions of Section 12 of the Act had not even been considered & it was not even remotely observed therein that the case of the appellant is covered by any of the exceptions. The appellant was 16 years old on the day of the alleged incident.”
The assertion by Justice Bahl came in a case, where a juvenile in custody since July 24, 2019, was denied bail. The Bench took note of the fact that a co-accused in the case, an adult on the date of the alleged incident, had already been granted regular bail by a coordinate Bench of the court, vide order dated Nov 16, 2021, & his custody period was lesser than that of the appellant.
Justice Bahl, during the course of hearing, was told that an FIR in the matter was registered for murder, attempt to murder & other offences under Sections 148, 149, 323, 342, 506, 307 & 302 of the Indian Penal Code at the Rozka Meo police station in Nuh district.
The lawyer for the appellant-juvenile told Justice Bahl’s Bench that neither any specific injury was attributed to him, nor was he stated to be armed with any specific weapon. The dispute was between two persons & the injuries on the victim’s head were inflicted by a co-accused. It was also submitted that there were 11 accused. The present appellant was nominated on the pretext of being the son of one of the accused.
Justice Bahl asserted Section 12’s perusal showed that bail was the rule & not jail in a juvenile’s case. The same was to be refused only in case the court came to the conclusion, on the basis of material, that the case was covered under three exceptions mentioned in Section 12 of the Act.
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