MOHAMMAD IRSHAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The contention of the learned counsel for the petitioner is that the Juvenile Court has recorded a finding that the petitioner was a juvenile, being below 16 years of age, and his application for grant of bail was rejected on the ground that, if the petitioner was released on bail, it would endanger his life. The apprehension was based on the FIR, in which, it was mentioned that members of both the parties were having strained relations. However, the learned P.P. is unable to point out any material to this Court on the basis of which it could be said that, if the petitioner was released on bail, it might endanger his life. Sec. 18 of the Juvenile Justices Act provides that a delinquent juvenile shall, notwithstanding anything contained in the Code of Criminal Procedure 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. From this provision, it is clear that as a rule a delinquent juvenile should be released on bail and the bail should be refused only if there was reasonable ground for believing that the release was 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.) None of the alone (above) grounds exists in this case. The object of Sec. 18 is that a delinquent juvenile should normally be released on bail. He should not be kept either in the police station or jail.

(3.) In my view the learned Juvenile Court committed an error in not releasing the petitioner on bail. I, therefore, allow this application and direct that the petitioner Mohammed Irshad s/o Shri Abdul Latif shall be released on bail provided the furnishes a personal bond of his guardian in the sum of Rs. 5,000.00 and one surety in the like amount to the satisfaction of the Juvenile Court (Chief Judicial Magistrate, Kota) for his appearance in that court or any other court, during the pendency of the inquiry or trial in the case.