LOVEPREET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The apposite application, as, preferred by the petitioner / accused, before the Principal Magistrate, Juvenile Justice Board, Patiala, seeking therein relief, of, his being released from judicial custody, where he is lodged, for his allegedly committing an offence, punishable under Sec. 22 of the NDPS Act, in case FIR No. 92 of 9/6/2020, stood rejected, by the aforesaid on 29/7/2020, and, in an appeal preferred therefrom, before the learned Additional Sessions Judge, Patiala, the latter, also declined relief to the bail applicant, through an order made on 10/9/2020, hence the instant petition, before this Court.

(2.) The learned State counsel, does not contest, the factum of the bail applicant being a minor, therefore, he is to be construed to be a juvenile in conflict with law. His bail application is regulated by Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as the 'Act').

(3.) The apt provisions, borne, in Sec. 12, of, the Juvenile Justice (Care and Protection of Children) Act, 2015, provision whereof, is, extracted hereinafter, confer a special statutory right, upon a juvenile offender, to, de hors any fettering provisions, existing, in the Cr.P.C., against the affording of indulgence, of, bail, vis-a-vis him, for his allegedly committing, a non-bailable heinous offence, to rather in consonance therewith, hence, espouse relief, of his being enlarged on bail, even vis-a-vis any non-bailable heinous offence, and, importantly upon satiation, of, the all apt condition precedent(s) borne in sub-sec. (1) thereof, thereupon, hence the Courts of law, are, enjoined to release him on bail, with or without surety(ies):