Sakshay Solanki (Minor) v. State Of Haryana And Others
2023:PHHC:131835
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRM-M-51268-2023 (O&M) Date of decision : 10.10.2023 SXXXXXX ... Petitioner(s)
Versus
State of Haryana & anr.
... Respondent(s) CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :
Mr. Abhijeet Sohal, Advocate for the petitioner. Ms. Mayuri Lakhanpal Kalia, DAG Haryana for respondent No.1.
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.333/2023 dated 16.09.2023 under Sections 354-C, 376, 506, 120-B, 34 of the Indian Penal Code, 1860 and Sections 4, 6 of the Protection of Children from Sexual Offences Act, 2012, registered at Police Station Urban Estate, District Rohtak, Haryana. 2.
The petitioner in the present case is a minor and instead of approaching the Court 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. 3.
Learned counsel for the petitioner is unable to convince this Court that the present petition under Section 438 CrPC for grant of Yogesh Sharma 2023.10.11 13:46 I attest to the accuracy and integrity of this judgment/order.
Punjab and Haryana High Court, Chandigarh
2023:PHHC:131835 CRM-M-51268-2023 (O&M) -2anticipatory 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 the event of the petitioner failing to surrender before the Juvenile Justice Board within a period of 10 days from today, the present petition shall be deemed to having been dismissed. 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. It would be appropriate if the name of the juvenile is masked in the present case.
( ALKA SARIN ) JUDGE NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 10.10.2023 Yogesh Sharma Yogesh Sharma 2023.10.11 13:46 I attest to the accuracy and integrity of this judgment/order.
Punjab and Haryana High Court, Chandigarh