TALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after called 'the Act') has been filed by petitioner Talwinder Singh alias Kindoo, having been declined the concession of bail by the learned Principal Magistrate, Juvenile Justice Board, Rupnagar vide order dated 12.09.2014 and the dismissal of his appeal filed under Section 52 of the Act by the learned Sessions Judge, Rupnagar vide order dated 07.10.2014.

(2.) Petitioner Talwinder Singh alias Kindoo, a juvenile in conflict with law, has been booked under Section 377, 342, 148, 506 and 120-B of the Indian Penal Code, 1860 and under Section 4 of the Protection of Children from Sexual Offences Act, 2012 for committing unnatural sex with the victim along with his co-accused.

(3.) Learned counsel for the petitioner contended that this fact is not disputed that the petitioner is a juvenile in conflict with law. As per Section 12 of the Act, he was entitled for grant of bail. The courts below have not discussed any of the three contingencies specified under Section 12 of the Act to decline the bail. So, the orders passed by the courts below suffer from legal infirmity. He further contended that the medical evidence does not support the prosecution allegations. He contended that the petitioner is in custody since 28.8.2014 i.e.for the last more than 8 1/2 months. The conclusion of the trial will take time. So, the petitioner is entitled for grant of bail.