Nxxxxx v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.05.2026 Nxxxx ... PETITIONER

VERSUS

STATE OF HARYANA ... RESPONDENT CORAM : HON'BLE MR. JUSTICE H.S.GREWAL Present:- Mr. Gulshan Nandwani, Advocate for the petitioner. H.S. Grewal, J.(Oral) 1.

The present revision petition has been filed against the impugned judgment dated 17.03.2026 passed by ld. Addl. Sessions Judge, Rewari whereby regular bail filed by the petitioner against the order dated 09.10.2023 passed by Principal Magistrate Juvenile Justice Board was dismissed. 2.

The case of the prosecution is that a blind murder of one Harinder (son of the complainant) had taken place who was stated to have been stabbed with a knife. Later on, the complainant came to know that the petitioner along with Dheeraj @ Macchar, Golu and 8-10 persons had attacked the deceased with knives.

3.

Learned counsel for the petitioner submits that the petitioner is a juvenile and has been falsely implicated in the present case. He further submits that three witnesses have been examined, who have not deposed against the

-2petitioner and have turned hostile. It is further submitted that the petitioner is in custody since 01.06.2023 and prays for grant of regular bail. 4.

Notice of motion.

5.

Ms. Malvika Singh, DAG,Haryana accepts notice on behalf of the respondent-State and has vehemently opposed the prayer made by the ld. counsel for the petitioner on the ground that the petitioner has committed a serious offence. She has filed the custody certificate of the petitioner and the same is taken on record. As per custody certificate, the petitioner is in custody for the last 02 years 11 months and 02 days. She further submits that our of 34 cited prosecution witnesses only 05 witnesses have been examined so far. 6.

I have heard the learned counsel for the parties. 7.

Section 12 of the Juvenile Justice Act, provides for a non-obstante clause for governing the provisions of bail to a juvenile. Ordinarily bail should be granted to a juvenile who is a child-in-conflict with law but as per the proviso of Section-12 of the Juvenile Justice Act the bail can be denied only due to strong and extreme reasons. 8.

Keeping in view the above, this Court is of the considered view that the present petition deserves to be allowed considering the custody of more than two years pertaining to the present petitioner. Consequently, the present petition is allowed. Therefore, the order dated 09.10.2023 passed by Principal Magistrate Juvenile Justice Board and impugned judgment dated 17.03.2026 passed by ld. Addl. Sessions Judge, Rewari are hereby set aside. The petitioner

-3is ordered to be released on bail to the satisfaction of the concerned Principal Magistrate, Juvenile Justice Board/Duty Magistrate. 9.

It is clarified that if on bail so granted through the instant order, the applicant is found indulging in any other criminal activity including brandishing of weapons even on social media, it shall be open to the State to seek cancellation of his bail.

10.

However, anything observed hereinabove shall not have any bearing on the merits of the case.

(H.S.GREWAL) 04.05.2026.

JUDGE renu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No