RANJEET Vs. STATE OF M P

JUDGEMENT

(1.) Counsel for the respondent has produced the report received from the Thana Prabhari, Police Station, Neemuch, which indicates that no other criminal case is recorded against the petitioner juvenile and the report of the Probation Officer is also tagged along with the report of the Thana Prabhari. By this criminal revision under Section 53 of the Juvenile Justice Act, petitioner-Ranjeet has challenged the order passed by the Special Judge (NDPS Act), Neemuch in Criminal Appeal No. 178/2012 for offence under Sections 12 and 52 of the Juvenile Justice Act dismissing the application of the petitioner to be released on bail.

(2.) Counsel for the petitioner has vehemently urged the fact that gravity of the offence is not be the yardstick for release of the accused juvenile on bail. Moreover, Counsel relied on Raj Mohammed alias Raju v. State of H.P., 2002 CrLJ 2091, whereby the Court had considered even the case of juvenile accused under 18 years of age at the time of commission of offence and he is entitled to the benefit of probation even under Section 33 of the Probation of Offenders Act for offence under Section 8/15 of the NDPS Act. Counsel also relied on Sarju alias Ramu v. State of U.P., 2009 CrLJ 4123 to state that the accused could be released on probation for offence under Section 21 of the NDPS Act. Moreover, Counsel urged that the applicant is now 19 years of age and the trial is likely to take a long time and he is in custody and his career and life is adversely affected. And Counsel prayed that the impugned order be set aside and bail be granted to the accused juvenile.

(3.) Counsel for the respondent/State, on the other hand, has opposed the submissions put forth by the Counsel for the petitioner. He submitted that it was a not a case of release on probation, but it was case of release on bail under Section 12 of the Juvenile Justice Act. Counsel submitted that the petitioner is an under-trial prisoner and cannot be released on probation. Counsel submitted that Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 reads as under:--