SANJAY Vs. STATE (UNION TERRITORY OF CHANDIGARH)

JUDGEMENT

(1.) THIS is a petition for being released on bail. The petitioner has been arrested in connection with F.I.R. No. 20, dated 5.2.1996 of Police Station West, Chandigarh, for the offence under Sections 376, 341, 506 and 34 of the I.P.C. This petition has been filed under Section 18 of the Juvenile Justice Act, 1986. Before applying for bail to this Court, the petitioner had filed bail applications before the Judicial Magistrate 1st Class, Chandigarh and the Additional Sessions Judge, Chandigarh. Both these bail applications were declined. The learned Additional Sessions Judge, Chandigarh has declined to believe on the birth certificate and has also observed that ossification test of the petitioner for determination of his age was sought to be conducted, but the petitioner refused for the same. The learned Additional Sessions Judge has also observed that the birth certificate has been procured very recently and that the school certificate is also found to be of highly suspicious nature.

(2.) REGARDING the petitioner being juvenile, the learned Additional Sessions Judge has observed that the case of the petitioner is covered under Section 18 of the Juvenile Justice Act, (hereinafter referred to as 'the Act'). He has observed that this is a case of gang rape and the petitioner is alleged to be the main participant of the incident and in such a case, the release of the petitioner would defeat the ends of justice as the trial is about to start and even the prosecutrix has not been examined.

(3.) SECTION 18 of the Act reads as under : "18. Bail and custody of juveniles. - -(1) When any person accused of a bailable or non -bailable offence and apparently a juvenile is arrested or detained of appears or is brought before a Juvenile Court, 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 but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral danger or that his release would defeat the ends of justice. (2) When such person having been arrested is not released on bail under sub -section (1) by the officer -in -charge of the police station, such officer shall cause him to be kept in an observation home or a place of safety in the prescribed manner (but not in a police station or jail) until he can be brought beofe a Juvenile Court. (3) When such person is not released on bail under sub -section (1) by the Juvenile Court it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order."