Child In Conflict With Law Can’t Be Denied Benefit Of Bail U/S 12 Of JJ Act Even When Ordered To Be Tried As Adult: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that even when a juvenile is tried as an adult in case of allegation of heinous crime, the benefit of bail under Section 12 of the Juvenile Justice Act cannot be denied to him.

“No doubt, the appellant/CCL was directed to be tried like an adult, but still he remains a juvenile in conflict with law and can never be denied the benefit of Section 12 of the Act,” said Justice N.S. Shekhawat, while dealing with the bail plea of a juvenile.

The only embargo for not releasing such a person on bail is the proviso, which prescribes that if there appear reasonable grounds for believing that the release is likely to bring that person into the association with any known-criminal or expose the person to moral, physical or psychological danger or the person release would defeat the ends of justice, added the court.

These observations were made by the court while hearing the plea challenging the order of Faridabad Children's Court which rejected the bail plea of a child in conflict with law (CCL) under Section 12 of JJ Act in 2022. The petitioner was booked under Sections 302 and Section 25 of the Arms Act in 2020.

According to the prosecution, the appellant was playing with his friends, thereafter they broke into a fight and he along with his friends killed the deceased with a knife.

Advocate Balvinder Sangwan told the court that the juvenile was arrested in 2020, chargesheet has already been filed and he was ordered to be tried as an adult.

While referring to the Section 12 of the Act, he submitted that the appellant was entitled to bail in view of the provision and the impugned order has been passed by completely overlooking the beneficial provision.

Considering the submissions, the court said, “Even when a child is sent up for trial as an adult before a Children’s Court, the child does not become an adult or ‘major’, but is only to be treated differently considering the heinous nature of the offence alleged and consequent need for a stricter treatment of the offender, though still as a juvenile in conflict with law.”

The court emphasised that it must be borne in mind that the Legislature has created this categorization based upon an assessment of the child’s mental and physical capacity to commit such offence, ability to understand the offence.

"If the intention of the Legislature was that upon such assessment, the child would de-jure become an adult, then the question of there being a separate Children’s Court to try him with specific safeguards provided for the trial would not arise. That however is not the case," it added.

Justice Shekhawat said that the Children’s Court had rejected the application without adverting to the statutory mandate of Section 12 of the Act. The court also said that a perusal of the depositions of persons, who had allegedly witnessed the occurrence, reveals that "they had failed to identify the appellant.”

The court further noted that, even Dalip Kumar, who was the witness to recovery memo had also refused to support the case of the prosecution and stated that no recovery was effected in front of him and the police had obtained the signatures on blank papers.

"It is also not in dispute that the present appellant was arrested in the present case on 07.12.2020 and is continuing in custody which may bring him in association with any known criminals and his right to speedy trial under Article 21 of the Constitution of India is also violated," said the bench.

Granting bail to the juvenile, the court said: “It is further ordered that the appellant shall attend the trial on regular basis and shall also report to the Probation Officer once in every two months and his performance and conduct shall be monitored by the Probation Officer.”

Case Title: X v. State of Haryana

Citation: 2023 LiveLaw (PH) 137

Appearance: Balvinder Sangwan, Advocate for the appellant.

Sheenu Sura, DAG, Haryana.

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