LAWS(P&H)-2001-12-53

HARDIP SINGH Vs. STATE OF PUNJAB

Decided On December 21, 2001
HARDIP SINGH Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) COUNSEL prays that the petitioner is juvenile and has been so determined by Principal Magistrate, Juvenile Court, Ludhiana vide order dated October 5, 2001, annexed herein as Annexure P-1. However, the Court declined bail to the petitioner vide order dated October 23, 2001 and held as under :

(2.) ORDINARILY , the petitioner should have presented an appeal under Section 52 of the Juvenile Justices (Care and Protection of Children) Act, 2000 before the Court of Sessions within the period of 30 days of the passing of this order, but for some reason no appeal was filed and juvenile continues to remain in custody.

(3.) DENIAL of bail to a juvenile is only under very exceptional circumstances when it appears to the Court that release is likely to bring the juvenile into association with known criminals or expose him to moral, physical or psychological danger or if his release would defeat the ends of justice. It simple cannot be understood how release of the juvenile in this case would expose him to moral danger because the offences which he had allegedly committed involved "moral turpitude."