The Punjab & Haryana High Court, provide directions regarding the recording of the reason for declining for bail to a Juvenile and also the circumstance that led to this particular decision.

The Bench of Justice Jaishree Thakur said that the decision shall be founded on the basis of the Social Investigation Report submitted by the Probation Officer and other pieces of evidence/documents available before the court. The main motive that reflects from this decision shows that the decision of bail should not merely be based on the records of the case and report filed u/s 173 of Cr. P.C.

Talking about the recent matter, the petitioner aged 15 yrs. was tried by the Juvenile Justice Board u/s 307, 376, 457, 511 of IPC. Here, the petitioner filed an application for bail, but being juvenile it was dismissed. Afterward, an appeal was filed against the said order. The reason for rejecting the bail application was given by the court by saying that in case, he is released on bail, he would come in association with known criminals and would be exposed to moral, physical, and psychological danger apart from defeating the end of justice.

The court also observed that the bail of a child, regarding the conflict with the law, cannot be rejected in a routine manner. If the court is declining any bail application, he has to provide a reasoned order. A juvenile holds the right to be released on bail unless and until the exception regarding Section 12(1) of the Act.

The point cannot be kept behind that as per Section 13(1)(ii) of the Act, the probation officer has to be informed as soon as the child is apprehended and to prepare a social investigation report. The Juvenile Justice Board should also call for Social Investigation Report. This particular report becomes important for passing the order regarding bail. It provides helps in passing orders u/s 17 and 18 of the Act.

By this, the court made it clear that the purpose behind all of the discussion is to enable the Juvenile Justice Board to get a glance at the social circumstances of the child before any order regarding bail or any other nature is passed. The Juvenile Justice (Care and Protection of Children) Model Rules, 2016 contains a detailed pro forma of the Social Investigation Report.


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