← Library
High Court of Punjab and HaryanaCRM-M/61901/2024allowed

Aman Alias Amandeep Through His Father Baljeet Singh v. State Of Punjab

2024-12-18Mr. Justice Anoop Chitkara2 pages

CRM-M-61901-2024

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-61901-2024 Decided on: 18.12.2024 Aman @ Amandeep Singh, minor through his father

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Kuldip Singh, Advocate for the petitioner.

Mr. Sukhdev Singh, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 26.10.2024 Sadar Jalalabad, 21 of NDPS Act Distt. Fazilka 1.

The petitioner, who is under 16 years of age i.e. 15 years & 11 months at the time of occurrence, apprehending arrest in the FIR captioned above, whereas he could not have been arrested but despite that the Sessions Court rejected his anticipatory bail, has come up before this Court under Section 482 BNSS 2023 seeking anticipatory bail. 2.

Although on the face of it, anticipatory bail would not lie because under Section 12 of Juvenile Justice Act 2015, petitioner cannot be arrested by police officers but in the entirety of facts and circumstances, petitioner's arrest is stayed till the time the police files the documents/launches prosecution before the Juvenile Justice Board. 3.

At this stage, petitioner's counsel submits that he has instructions from petitioner's parents to state that petitioner shall not indulge in any crime and shall maintain good behaviour and remain peaceful.

4.

Given above, petition is allowed. It is clarified that as and when the police produce their compilation before the Juvenile Justice Board, at that stage, it shall be permissible for the Juvenile Justice Board to take bonds as they would desire, in terms of Juvenile Justice Act.

ANJU RANI 2024.12.20 15:18 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh

CRM-M-61901-2024 Petition allowed in aforesaid terms. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 18.12.2024 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No ANJU RANI 2024.12.20 15:18 I attest to the accuracy and integrity of this document Punjab and Haryana High Court Chandigarh