ARVINDER SINGH @ RAVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present revision petition has been filed to challenge the impugned order dated 23.12.2015 passed by the Principal Magistrate, Juvenile Justice Board, Ferozepur as well as order dated 18.01.2016 passed by the Sessions Judge, Ferozepur, whereby, the prayer of the petitioner for grant of bail has been declined.

(2.) Briefly, the facts of the case are that the petitioner was arrested in case FIR No.27 dated 19.03.2014 for offence punishable under Section 304-B Penal Code registered at Police Station Lakho Ke Behram, Ferozepur on the basis of statement of Avtar Singh, father of deceased Baljinder Kaur. The matter was inquired into by the Investigating Agency and the petitioner was found innocent. Challan was not presented against him but subsequently, vide order dated 13.05.2015, he was summoned in an application moved under Sec. 319 Cr.P.C as an additional accused to face trial along with other accused, who were facing trial. The petitioner was granted interim anticipatory bail by this Court and he was directed to furnish bail bonds before the trial Court but later on, his bail application was dismissed as withdrawn as the same was maintainable under Juvenile Justice Act and he was directed to avail alternate remedy available to him. The application moved by the petitioner before the Juvenile Justice Board as well as Appellate Court was dismissed without following the provisions of Sec. 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2000 (here-in-after referred to as 'the Act, 2000').

(3.) Learned counsel for the petitioner submits that granting of bail to juvenile is mandatory irrespective of nature of the offence and the same can only be declined, if reasonable grounds are there to believe that his release is likely to bring him in association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice. The bail application of the petitioner has been declined by both the Courts below i.e Juvenile Justice Board as well as Appellate Court, Ferozepur without having any material on record or without recording any finding.