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2020 (5) TMI 699 - RAJASTHAN HIGH COURTSeeking grant of bail - as per Section 12 of Juvenile Justice Act, 2015, the Board is not required to mechanically release a juvenile or grant him bail as a matter of course, merely because the accused before it is a juvenile - HELD THAT:- There is no reason or material to interfere with the finding recorded by the Board and affirmed by the appellate Court, holding that if the present petitioner – a child in conflict with law is released, there is every likelihood that he will mingle in the company of violators of law and prodded or prompted to commit similar offences - As per the scheme of the JJ Act, more particularly Section 12 thereof, a child in conflict with law is to be given benefit of bail. Such benefit can be denied only upon recording a finding that there appears reasonable belief that such release is likely to bring the person into association of any known criminal or expose him to more physical or psychological danger. There is no gainsaying the fact that two more cases of like nature are pending against him. Considering the nature of allegation against the petitioner, the Board and appellate Court were justified in concluding that if he is handed over to the guardian or released on bail, he is likely to go in company or in association of known criminals and the same would expose him to crimes of like nature - It is more or less trite that in case charge-sheet is not filed within 60 days or 90 days, as the case may be, an accused is entitled for bail by virtue of first proviso to sub-section (2) of Section 167 the Code. The government has come out with the taxation and other laws (Relaxation of Certain Provision) Ordinance, 2020. By virtue of the provisions contained in this Ordinance, the limitation or outer limit for compliance or actions/orders under various enactments has been extended. Concededly, no amendment has been introduced in the Code, particularly in Section 167(2) - In absence of any amendment in the statute and without there being any remote reference of investigation or provisions of the Code in the order of Supreme Court, taking shield of the Supreme Court’s order to take away the vested right of an accused, is nothing short of violating his right of liberty guaranteed under Article 21 of the Constitution. It is directed that the petitioner – Pankaj S/o Late Lalshankar Meena shall be released on bail on furnishing a personal bond by his natural guardian Ramesh S/o Dhanji Meena (Uncle) in the sum of ₹ 50,000/- and two sureties of ₹ 25,000/- each to the satisfaction of the Juvenile Justice Board, Udaipur with the stipulation that on all subsequent dates of hearing he shall produce the petitioner before the said Board or any other Court during pendency of the inquiry in the case and that his guardian shall keep proper look after of the petitioner and keep him away from the company of known criminals - revision allowed.
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