Section 12 of the JJ Act reads thus:
“Section 12: Bail to a person who is apparently a child
alleged to be in conflict with law.
(1) When any person, who is apparently a child and is
alleged to have committed a abailable or non-bailable
offence, is apprehended or detained by the police or
appears or brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail
with or without surety or placed under the supervision
of a probation officer or under the care of any fit
person:
Provided that such person shall not be so released if
there appears reasonable grounds for believing that
the release is likely to bring that person into
association with any known criminal or expose the said
person to moral, physical or psychological danger or
the persons release would defeat the ends of justice,
and the Board shall record the reasons for denying the
bail and circumstances that led to such a decision.
6. From the phraseology used in sub-section 1 of Section
12, a juvenile in conflict with law has to be necessarily
released on bail with or without surety or placed under
supervision of a probation officer or under the care of any
fit person unless proviso is applicable.
7. We have perused all the orders passed earlier by the JJ
Board, Special Court and High Court and specially the order
dated 11th December, 2023 passed by the JJ Board. There is
no finding recorded that the proviso to sub-Section 1 of
Section 12 is applicable to the facts of the case. Without
recording the said finding, bail could not have been denied
to juvenile in conflict with law.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(Arising out of Special Leave Petition (Crl.) No.9566/2024)
JUVENILE IN CONFLICT WITH LAW Vs
THE STATE OF RAJASTHAN & ANR.
Dated: August 14, 2024.
1. Leave granted.
2. Heard learned counsel appearing for the appellant and
learned counsel appearing for the respondents.
3. The present appeal has been preferred by Juvenile in
convict with law through his guardian - father. First
Information Report was registered against him for offences
punishable under Sections 354 and 506 of the Indian Penal
Code, 1860 and Sections 9 and 10 of Protection of Children
from Sexual Offences Act, 2012 (POCSO).
4. On 15th August, 2023, the appellant was taken into
custody and was sent to Juvenile Care Home. The charge-sheet
was filed on 25th August, 2023. Two days before filing of
the charge-sheet, an application made by the appellant under
Section 12(1) of the Juvenile Justice (Care and Protection of
Children) Act, 2015 (for short, ‘the JJ Act’) was rejected.
The second application for bail was rejected on 11th
December, 2023 by the JJ Board. An appeal against the said
order was dismissed by the learned Special Judge under POCSO
Act and ultimately by the impugned order, the High Court
dismissed the Revision Petition filed by the appellant and
denied bail.
5. In the entire process, the appellant has completed one
year of custody. Section 12 of the JJ Act reads thus:
“Section 12: Bail to a person who is apparently a child
alleged to be in conflict with law.
(1) When any person, who is apparently a child and is
alleged to have committed a abailable or non-bailable
offence, is apprehended or detained by the police or
appears or brought before a Board, such person shall,
notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or in any other
law for the time being in force, be released on bail
with or without surety or placed under the supervision
of a probation officer or under the care of any fit
person:
Provided that such person shall not be so released if
there appears reasonable grounds for believing that
the release is likely to bring that person into
association with any known criminal or expose the said
person to moral, physical or psychological danger or
the persons release would defeat the ends of justice,
and the Board shall record the reasons for denying the
bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not
released on bail under sub-section (1) by the officerin-charge of the police station, such officer shall
cause the person to be kept only in an observation
home [or a place of safety, as the case may be] in
such manner as may be prescribed until the person can
be brought before a Board.
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(3) When such person is not released on bail under
sub-section(1) by the Board, it shall make an order
sending him to an observation home or a place of
safety, as the case may be, for such period during the
pendency of the inquiry regarding the person, as may
be specified in the order.
(4) When a child in conflict with law is unable to
fulfil the conditions of bail order within seven days
of the bail order, such child shall be produced before
the Board for modification of the conditions of bail.”
6. From the phraseology used in sub-section 1 of Section
12, a juvenile in conflict with law has to be necessarily
released on bail with or without surety or placed under
supervision of a probation officer or under the care of any
fit person unless proviso is applicable.
7. We have perused all the orders passed earlier by the JJ
Board, Special Court and High Court and specially the order
dated 11th December, 2023 passed by the JJ Board. There is
no finding recorded that the proviso to sub-Section 1 of
Section 12 is applicable to the facts of the case. Without
recording the said finding, bail could not have been denied
to juvenile in conflict with law.
8. Our attention is invited to Psychological Assessment
Report of the Juvenile. The report records that the juvenile
does not belong to high risk category and against the column
“worry list of child” it is mentioned that there was “no
worry”. The report is signed by a qualified Clinical
Psychologist.
9. Though none of the courts at no stage have recorded a
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finding that in the facts of the case, the proviso to subSection 1 of Section 12 was applicable, the juvenile in
conflict with law has been denied bail for last one year.
10. Hence, the impugned orders are set aside. The appeal is
accordingly allowed.
11. We direct that the juvenile in conflict with law shall
be released on bail without surety. However, the
jurisdictional Juvenile Justice Board shall issue appropriate
directions to the jurisdictional Probation Officer to keep
the juvenile under supervision and to submit periodical
reports to the Board about the conduct of the Juvenile.
12. Pending application(s), if any, shall stand disposed of.
......................J.
(ABHAY S.OKA)
......................J.
New Delhi; (AUGUSTINE GEORGE MASIH)
August 14, 2024.
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