SAHAB SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The apposite application, as, preferred by the applicant/ accused, before the Principal Magistrate, Juvenile Justice Board, Solan, District Solan, H.P., seeking therein relief, of, his being released from judicial custody, where he is lodged, for his allegedly committing offences, punishable under Sections 302 and 201 of the Indian Penal Code, in case FIR No. 192/17 of 15.9.2017, stood rejected by the aforesaid, and, in an appeal preferred therefrom before the learned Sessions Judge, Solan, the latter, also declined relief to the bail applicant, hence the instant petition.

(2.) The apt provisions, borne, in Section 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, dehors any fettering provisions, existing, in the Cr.P.C., against the affording of indulgence, of, bail, vis-?-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-?-vis any non-bailable heinous offence, and, importantly upon satiation, of, the all apt condition precedent(s) borne in sub-section (1) thereof, whereupon , hence the Courts of law, are, enjoined to release him on bail, with or without surety:-

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