Short Note:

The Question for consideration before the Hon’ble court while dealing with two bail applications under Section 439 of the Code of Criminal Procedure (for short ‘the Code’)was:

“Whether in view of non obstante clause contained in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, provisions under Section 437 and 439 of Cr.P.C. are applicable for being invoked for grant of bail by a child in conflict with law as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015.”

Held : “…Section 12 of the Act of 2015 having included ‘notwithstanding anything contained in the Code or in any other law for the time being in force, the provisions as contained in the Code in respect of grant of bail under Sections 437 and 439 of the Code has to be excluded and shall not apply while considering the juvenile’s right to be enlarged on bail for which a specific provision has been made under Section 12 and thereafter the appellate and revisional powers of the Court of Sessions and the High Court as contained in Sections 101 and 102 of the Act of 2015, as the case may be.”

“To sum up, we hold that grant of bail to a juvenile is required to be dealt with under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and not under Sections 437 or 439 of the Code of Criminal Procedure. Hence, these applications for grant of bail are not maintainable.”

Section 12 in The Juvenile Justice (Care and Protection of Children) Act, 2000
 
12. Bail of juvenile.—
1. When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is 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 1[or placed under the supervision of a Probation Officer or under the care of any fit institution of fit person] but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.
 
2. When such person having been arrested is not released on bail under sub-section (1) by the officer in-charge of the police station, such officer shall cause him to be kept only in an observation home in the prescribed manner until he can be brought before a Board.
 
3. When such person is not released on bail under sub-section (1) by the Board it shall, instead of committing him to prison, make an order sending him to an observation home or a place of safety for such period during the pendency of the inquiry regarding him as may be specified in the order.