PHOOL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision impugns the order dated November 19, 1997 of the learned Sessions Judge, Kota whereby the appeal under Section 37 of the Juvenile Justice Act, 1986 (for short the Act) of the petitioner was dismissed and prayer of the petitioner for releasing him on bail was declined.

(2.) Criminal Case No. 176/97 under Sections 302, 147 148, 326452 and 323, IPC is pending in the Juvenile Court, Kota against the petitioner. All application under Section 18 of the Act was moved by the petitioner for releasing him on bail but the Juvenile Court dismissed the said application by its order dated November 11, 1997. An application under Section 37 of the Act was submitted, by the petitioner but it was also dismissed as mentioned hereinabove.

(3.) Section 18(1) of the Act contains the provision of bail. A cursory look at this section demonstrates that a delinquent juvenile ordinarily has to be released on bail irrespective of the nature of the offence alleged to have been committed unless it is shown that his release is likely to bring him under the influence of any criminal or expose him to moral danger or that his release would defeat the ends of justice.