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.
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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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