Sandeep Singh @ Seepu Singh (Juvenile) v. State Of Punjab

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"7 The provision is a non-obstante clause. Section 12(1) of the 2015 Act mandates that a juvenile shall be released on bail and is mandatory in nature however the same is arrested by the proviso attached. The proviso attached with the provision contemplates that a juvenile shall not be so released if there appear reasonable grounds for believing that :- a) The release of the child in conflict on bail is likely to bring him into association with any known criminal; or b) Expose him to moral, physical or psychological danger; or c) Such release would defeat the ends of the justice. A belief can be said to be founded on reasonable grounds only if there is something tangible on the basis of which such belief can be formed. The expression reasonable grounds has been dealt by Supreme Court in Chenna Boyanna Krishna Yadav Vs. State of Maharashtra (2007) 1 SCC 242 to connote as under :- "13.

xxxxxxxx The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provisions requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged

-5offence. xxx"

The same was also interpreted by Supreme Court in Prahlad Singh Bhati Vs. NCT, Delhi and another (2001) 4 SCC 280 observing as under :- "

xxx xxx xxx It has also to be kept in mind that for the purposes of granting the bail the Legislature has used the words "reasonable grounds for believing" instead of "the evidence" which means the court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not excepted , at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt.

xxx xxx xxx"

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Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No