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2003 DIGILAW 1135 (RAJ)

Kailash v. State of Rajasthan

2003-08-08

HARBANS LAL

body2003
JUDGMENT 1. - The instant criminal revision petition u/s 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short 'the Act') is directed against the order dated 10.4.2003 passed by the learned Sessions Judge, Jaipur City, Jaipur in Criminal Misc. Appeal No. 136/2003 whereby the appeal has been dismissed and the order of the learned Children Court refusing him bail has been confirmed. 2. The petitioner who Is juvenile is said to be involved in a case in FIR No. 21/03 RS. Nawalgarh Distt. Jhunjhunu along with others for the offences u/ss. 147, 148, 149, 302, 336 IPC. He has been declined bail by the learned Children Court as well as by the learned Sessions Judge on the ground that his release on bail would defeat the ends of justice and would bring him in association with known criminals. 3. Learned counsel for the petitioner has contended that he is admittedly a juvenile. He is entitled to be released on bail as per the provisions of Section 12 of the Act. There is no material on record to show the existence of stated ground on which the bail has been refused. 4. Learned RR also could not controvert this fact. 5. Having given my anxious and thoughtful consideration to the submissions made at the bar and upon a perusal of the orders under challenge and the other available material, I am of the considered view that the petitioner being admittedly a juvenile within the meaning of Section 2(k) of the Act, is entitled to be released on bail u/s. 12 of the Act if the conditions mentioned therein for refusing him bail are not made out. In the instant case it does not appear that any report of the probation officer was obtained before refusing him the liberty of bail. There is otherwise also no material on record to show that his release on bail would bring him into association of any known criminal or expose him got physical or psychological danger or it would defeat the ends of justice. Hence, the impugned order is not sustainable and deserves to be set aside. 6. There is otherwise also no material on record to show that his release on bail would bring him into association of any known criminal or expose him got physical or psychological danger or it would defeat the ends of justice. Hence, the impugned order is not sustainable and deserves to be set aside. 6. In the result, this revision petition is allowed and the impugned order dated 10.4.2003 passed by the learned Sessions Judge, Jaipur City, Jaipur is hereby set aside and it is directed that the petitioner Kailash s/o Bhagwanaram shall be released on bail on furnishing of a personal bond by his guardian in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the concerned court for his appearance before that court on all dates of hearing until conclusion of trial.Revision petition allowed. *******