ROHIT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present criminal revision is to the order dtd. 28/7/2022 vide which the Principal Magistrate, JJB, Narnaul has dismissed the bail application filed by the petitioner under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015. Challenge is also to the order dtd. 9/8/2022 vide which the appeal filed against the said order has also been dismissed.

(2.) Learned counsel for the petitioner has submitted that the petitioner, who was a juvenile at the time of the incident, has been in custody since 27/5/2021 and the investigation is complete and the challan has been presented and there are 8 prosecution witnesses, out of which, 3 have been examined and thus, the trial is likely to take time and the petitioner is not involved in any other case. It is further submitted that in the present case, no recovery of Ganja has been effected from the present petitioner and even on merits, the case of the petitioner is on a similar footing as that of co-acused Ajit and said Ajit, who is an adult, has already been granted the concession of regular bail by this Court vide order dtd. 22/11/2022 passed in CRM-M-40853-2022. It is submitted that the custody of the present petitioner is longer than that of said co-accused Ajit. It is further submitted that the impugned orders are in violation of Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter 'The Act') and for the said purpose, reliance has been placed upon the judgment of Co-ordinate Bench of this Court in CRR-1019 of 2020 passed in Gurkirat @ Gora versus State of Haryana.

(3.) Learned State counsel, on the other hand, has opposed the present petition and has submitted that the recovery, in the present case, is of commercial quantity and the petitioner, along with Ajit, had tried to stop the canter and had even broken the glass of the canter with a danda/rod and then, tried looting the said canter; and the danda has been recovered from the present petitioner. It is submitted there is likelihood that the petitioner might indulge in criminal activities.