KAMLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have heard learned counsel for the petitioner and the learned Public Prosecutor and have gone through the order of the learned Sessions Judge, Ajmer. The learned Sessions Judge has recorded a categorical finding that the age of the accused-petitioner Kamla on the date of the incident was in between 18 years. There may be difference of a few days this way or that way. But still he has disallowed bail to the accused-petitioner who was a Juvenile under the Juvenile Justice Act, 1986 (for short the Act) observing that he did not consider it necessary to extend the benefit of the aforesaid provisions because the age of the accused petitioner was near about 18 years.

(2.) The approach of the learned Sessions Judge is illegal and cannot be said to be in accordance with law. A perusal of the Act will show that Juvenile has been defined u/s 2(h) and means a boy who has not attained the age of sixteen years or a girl who has not attained the age of eighteen years. There is no doubt and no dispute that the accused petitioner is to be tried by the Children Court. There are special provisions for the juvenile for bail under Chapter IV of the Act. U/s. 18(1) when juvenile is arrested or detained or 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. Therefore, it will be clear that under the aforesaid provisions of Sec. 18 (1), it is mandatory to release a juvenile with or without surety and the only exceptions are that if in the opinion of the court the reasonable ground for believing that the release is likely to bring him (1) into association with any known criminal: (2) or expose him to moral danger; and (3) or release would defeat the ends of justice. It will appear from the perusal of the order of the learned Sessions Judge that he has not said that the case is one which falls under any of the three aforesaid circumstances any, therefore, he is not releasing the accused on bail. The learned Sessions Judge has not cared to go through the provisions of the Juvenile Justice Act and has turned out an illegal and arbitrary order which is not expected from an officer of the cadre of the Sessions Judge.

(3.) Consequently, I hereby allow this bail application on the ground that the accused petitioner is a juvenile as aforesaid and direct that the accused petitioner shall be released on bail on her guardian's she being less than 18 years of age, furnishing a personal bond in the sum of Rs. 6,000.00 with one surety in the like amount to the satisfaction of the trial court, undertaking to appear in that court or any other court on all dates of hearing or as and when called upon to do so.