Harsh v. State Of Haryana

2023:PHHC:123227

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.47168 of 2023 (O&M) DATE OF DECISION : 19.09.2023 Harsh .....Petitioner versus State of Haryana .....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Sandeep Singh, Advocate for the petitioner Ms. Mahima Yashpal, DAG Haryana ALKA SARIN, J. (Oral):

1.

The present petition has been filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the petitioner in FIR No.453 dated 18.08.2023 under Sections 363, 366-A of the Indian Penal Code, 1860 registered at Police Station City Jagadhri, District Yamuna Nagar.

2.

The petitioner in the present case is a minor and instead of approaching the Board under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015, he has chosen to file the present petition under Section 438 CrPC for grant of anticipatory bail. PARKASH CHAND 2023.09.20 10:59 I attest to the accuracy and authenticity of this order/judgment.

2023:PHHC:123227 CRM-M-47168-2023 -23.

Learned counsel for the petitioner is unable to convince this Court that the present petition under Section 438 CrPC for grant of anticipatory bail would be maintainable when there is a special enactment dealing with juveniles. Learned counsel for the petitioner, after arguing for sometime, seeks liberty to avail his alternate remedies. He states that the petitioner is ready and willing to appear and surrender before the Juvenile Justice Board concerned.

4.

In view of the limited prayer made by learned counsel for the petitioner, the present petition is disposed off with a direction to the petitioner to appear and surrender before the Juvenile Justice Board concerned within a period of 10 days from today. Till then, no coercive steps be taken against the petitioner. In case on appearance the petitioner moves an application for bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the same shall be decided expeditiously, in accordance with law.

5.

Disposed off in the above terms. Pending applications, if any, also stand disposed off.

19.09.2023 (ALKA SARIN) parkash JUDGE NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2023.09.20 10:59 I attest to the accuracy and authenticity of this order/judgment.