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Judgments of Supreme Court of India and High Courts

Tejinder Singh @ Neeraj vs State Of Punjab on 7 January, 2019

IN THE HIGH COURT OF PUNJAB HARYANA AT CHANDIGARH
Sr. No.104
CRM-M-64783-2018
Date of decision : 7.1.2019

Tejinder Singh @ Neeraj ….. Petitioner

VERSUS
State of Punjab ….. Respondent
CORAM: HON’BLE MR. JUSTICE SUDHIR MITTAL
Present: Mr. Pranav Handa, Advocate, for the petitioner.

*****
SUDHIR MITTAL, J. (Oral)

The petitioner is allegedly a juvenile. He has been named as an

accused in FIR No.102 dated 28.8.2018 registered at P.S. Lambra, District

Rural-Jalandhar, under Section 377 IPC and Section 4 of Protection of

Children from Sexual Offences Act, 2012. Thus, the present petition for

grant of anticipatory bail has been filed.

The petition moved by the petitioner before the Sessions Court

for the same relief was dismissed on the ground of maintainability.

Learned counsel for the petitioner submits that the police is

raiding the house of the petitioner and therefore, he apprehends arrest.

Section 12 of the Juvenile Justice Care and Protection of

Children Act, 2015, is self-speaking. It provides that when a child is

apprehended or detained by the police, he shall be released on bail

notwithstanding anything contained in the Code of Criminal Procedure,

1973. However, if there are grounds to believe that the release of such a

person on bail is likely to bring him into contact with known criminals or

expose him to mental physical or psychological danger, bail shall be denied

for reasons to be recorded in writing by the Juvenile Justice Board and in

such a situation, the child shall be remanded to an observation home.

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Thus, the learned Sessions Court was justified in dismissing the

anticipatory bail petition on the ground of maintainability. In view of

Section 12 of the Act, a juvenile is entitled to bail upon his arrest and

therefore, petition for grant of anticipatory bail is not maintainable.

The petition is without merit and is accordingly dismissed.

(SUDHIR MITTAL)
JUDGE
7.1.2019
Ramandeep Singh

Whether speaking / reasoned Yes / No
Whether Reportable Yes/ No

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