NAVIN PANWAR Vs. STATE

JUDGEMENT

(1.) Navin Panwar alias Neetu has moved this petition forbeing released on bail for the offence punishable under Section 302 Indian Penal Code in FIR No.450/93, recorded at Police Station R.K.Puram, New Delhi. It is a case in respect ofan incident dated 1.9.1993 in which, one Manish Gaur alias Montee sustainedinjuries resulting in his death. According to the prosecution story, the petitionerhad inflicted 7-8 knife injuries to the deceased.

(2.) Learned Counsel for the petitioner has submitted that admittedly, thepetitioner was a child, less than 16 years, at the time of the alleged incident andkeeping in view the provisions contained in Section 18 of the Juvenile Justice Act,1986 (thereinafter referred to as "the Act", the petitioner ought to have beenreleased on bail. He has further submitted that the petitioner is not a previousconvict and he has parents to look after and take care of him. He has also submittedthat the Juvenile Court as also the learned Additional Sessions Judge have erred indeclining the grant of bail to the petitioner.

(3.) Learned Counsel for the respondent has, on the other hand, submitted thatin spite of the fact that the petitioner was less then 16 years at the time of thisincident, he has inflicted 7-8 knife injuries to Manish Gaur @ Montee, an innocentboy, resulting in his death. She has also submitted that the release of the petitionerwould defeat the ends of justice since it would amount to giving encouragement toa person committing such a heinous offence. A prayer has, therefore, been madethat the application may be dismissed.