Friday 23 August 2024

Supreme Court: Juvenile Cannot Be Denied Bail Without Recording Finding That Proviso To S. 12(1) Juvenile Justice Act Is Applicable

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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