KHURSHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since the similar controversy has arisen out of the common impugned order, both the revision petitions are being heard and finally decided by this common order.

(2.) The petitioner who is a juvenile offender (minor) has come by way of this revision petition against the impugned order dated 3-2-1999 passed by the learned Additional Sessions Judge, Deeg whereby, his appeal was dismissed and the prayer of the petitioner for his release on bail under Section 37 of the Juvenile Justice Act, 1986 for short the Act of 1986T1 in Misc. Cr. Case No. 73/99 arising out of FIR No. 10/99 registered with Police Station Sikri for the offence under Sections 457 and 376, PC was rejected. The appeal was dismissed by the Trial Court observing that looking to the nature of offence punishable under Section 376, IPC, it will be improper for the petitioner to release him on bail notwithstanding the provisions of Section 18(1) of the Act of 1986 which contains specific provisions for the release of a juvenile offender on bail pending trial. Section 18 (1) of the Act of 1986 stipulates as under:

(3.) A bare look at the aforesaid provision demonstrates that a juvenile offender has to be released on bail irrespective of the nature of the offence alleged to have been committed unless, it is shown to the satisfaction of the Court that his release is likely to bring him into association with any criminal or expose him to moral danger or that his release would defeat the ends of justice. A perusal of the impugned order of the Trial Court clearly shows that there is no material on the record before the Trial Court which shows that in case of release of the petitioner, it is likely to endanger to the society and it would defeat the ends of justice, Section 18(3) of the Act of 1986 stipulates as under: