ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HAVING been denied the benefit of bail both by the Principal Magistrate, Juvenile Justice Board, Alwar and by the District&Sessions Judge, Alwar, the petitioner has approached this Court.

(2.) MR. Ravi Shankar Sharma, the learned counsel for the petitioner, has contended that Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 ('the Act', for short) is a mandatory provision, which requires that a juvenile delinquent shall be released on bail. Secondly, the only allegation against the petitioner is that he had taken away the motorcycle which belonged to Lal Chand. Thirdly, this is his first offence and he does not have any adverse antecedent against him. Lastly, he is a handicapped person and his certificate of permanent disability has been issued by the Medical Board, which clearly shows that he suffers from 40% permanent disability. Therefore, the benefit of Section 12 of the Act should be given to him.

(3.) IN this view of the matter, the petition is, hereby, dismissed.