HARWINDERJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail on behalf of the petitioner in case FIR No. 21 dtd. 22/3/2020, registered under Ss. 302, 397 and 201 of the Indian Penal Code, 1860 at Police Station Sadar Nawanshahr, District SBS Nagar, after such bail was declined by the Ld. Addl. Sessions Judge, SBS Nagar on 29/1/2021 vide his impugned order Annexure P-6.

(2.) Background of the matter is that FIR No. 21, dtd. 22/3/2020 was registered under Ss. 304-A, 279 IPC at PS, Sadar Nawanshahr against unknown persons on the statement of one Darbara Singh son of Dhanna Singh, resident of Balachaur, District SBS Nagar. Later on, Jagdeep Singh @ Babbu Bajwa and Harsh were arrested in case FIR No. 47, dtd. 11/5/2020, under Ss. 302/397 IPC, PS Rahon and in the said FIR, Jagdeep Singh @ Babbu Bajwa and Harsh suffered confessional statements admitting that they alongwith Harwinder Singh and Hardeep Singh @ Dipi have constituted a gang. They used to commit robbery by inflicting injuries. In the same way, they have also committed robbery by inflicting injuries on one Jasvir Singh. On the basis of said disclosure statements, applicant and others were nominated in FIR No. 21, dtd. 22/3/2020, PS, Sadar Nawanshahr and offences under Ss. 302/397/201 IPC were added after deleting Ss. 279/304-A IPC.

(3.) Ld. Counsel for the Petitioner has argued that his client was a juvenile on the date of the alleged occurrence (21/3/2020). His date of birth happens to be 25/10/2002. As such he was less than 11 Vi years of age on the relevant date. He, therefore, ought to have been dealt with under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. According to which - 'Bail to a person who is apparently a child alleged to be in conflict with law - (1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973(2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the case of any fit person : Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.'