In, Child in Conflict with Law ‘s’ vs State of Punjab, a Single Bench of Punjab & Haryana HC has held that; as enshrined in sub-Section 1 of Section 12 of the Act, the juvenile in conflict with law, becomes empowered to claim his being released, on bail with or without surety, and,/or, claim qua his being placed, under the supervision of a Probation Officer or under the care of any fit person.
Facts
The present juvenile in conflict with law is alleged to commit offences punishable under Sections 379-B, 427, 511 of the IPC. 2. Though, the juvenile in conflict with law was amenable for his delinquent conduct being inquired into by the Juvenile Justice Board concerned, (hereinafter referred to as “the Board”), but prior to his making his appearance before the Board concerned, especially given the embodying in the petition FIR, rather cognizable, and, non-bailable offences, thereupon he proceeded to claim the relief of pre-arrest bail, through his moving an opposite application, before the learned Additional Sessions Judge.
Learned Additional Judge ordered the Bail Application is not maintainable, Hence the present petition.
Court Observation
The Single Bench of Punjab & Haryana HC, while deciding the maintainability of Bail Application observed that, Section 1 of Section 12 of the Act, and, has concluded that, there is a completest dire statutory necessity of the juvenile in conflict with law, rather prior to his availing the mandate of Section 12, rather his becoming necessarily apprehended or detained by the police, and, obviously only after his apprehension, rather his becoming well leveraged to avail the statutory remedy for pre-arrest bail, though his accessing the Board or the Court concerned.
The Bench further observed that The above modes of casting of a statutory embargo, upon the petitioner rather against his, instituting an application for pre-arrest bail, does not only visibly detract, from the above made signification, to the statutory phrases (supra), but also defeats the salutary purpose of a child beneficial special Enactment.
Court Judgment
The Punjab & Haryana HC while disposing of the Bail Application has held that the petitioner can suo motu make his appearance before the Board concerned, and, irrespective of his committing non-bailable, and, cognizable offences, whereupon the Board concerned, becomes invested with the jurisdiction to, not only then, make an order for his becoming released on bail, rather with or without surety, and/or, to make an order for the juvenile in conflict with law being placed under supervision of a Probation Officer or under the care of any fit person.
Case: Child in Conflict with Law ‘s’ vs State of Punjab
Citation: CRR-264-2022
Bench: Hon’ble Mr Justice Sureshwar Thakur
Decided on: 1st August, 2022.
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