SATISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision by both the accused persons is filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the 'Act of 2000'), against the order dated 9.6.2003, whereby learned Sessions Judge, Bharatpur, affirmed the order dated 29.5.2003, by which the Juvenile Justice Board, Bharatpur dismissed the bail application submitted under Section 12 of the Act, 2000.

(2.) BOTH the accused persons below 18 years of age are facing trial for offences under Section 302 read with Section 34 IPC and under Section 3 of the SC/ST (Prevention of Atrocities) Act. According to the prosecution case at about 10 a.m. on 7.3.2003 both the accused persons inflicted injuries to Dinesh resulting into his death. Both the Courts below dismissed the bail application on the ground that their release on the bail would defeat the ends of justice.

(3.) I have considered the said submissions. Section 12(1) of the Act 2000 provides that when any juvenile, is arrested or detained or appears or is brought before a Board, such person, shall notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail with or without surety. Three exceptions are provided in Section 12 and the third exception is that the juvenile would not be released on bail if his release would defeat the ends of justice. No doubt it was observed by both the Courts below but no ground has been assigned as to how their release would defeat the ends of justice.