Ghudaram S/o Late Shri Pokhar Ram v. State Of Rajasthan
2008-01-31
NARENDRA KUMAR JAIN
body2008
DigiLaw.ai
JUDGMENT 1. - This revision petition, on behalf of the complainant, is filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the impugned order dated 16.4.2007 passed by the (rial Court granting bail to accused-non-petitioner Sanju Sanjaypal. 2. The contention of learned counsel for the petitioner is that the application for bail before the trial Court was moved under Section 439, Cr.P.C., whereas the said application was not maintainable as the trial Court declared the accused as juvenile. His second submission is that soon after declaration of accused as juvenile it was a duty of the Juvenile Justice Board to proceed in accordance with the provisions of Section 7 of the Act of 2000. 3. The learned counsel for the accused-non-petitioners has supported the impugned judgment. 4. I have considered the submissions of learned counsel for both the parties and examined the impugned order dated 16.4.2007 granting bail to accused-non-petitioner and I find that the learned trial Court, while granting bail, has considered the provisions of Section 12 of the Act 2000 and has referred Section 12 twice in the impugned order and from a bare perusal of the impugned order it clearly reveals that the bail has been granted to accused-non-petitioner in accordance with the provisions of Section 12 of the Act of 2000 itself. I find that merely mentioning the wrong Section in the application will not make any difference in the facts and circumstances of the present case. 5. So far as another submission of the learned counsel for the petitioner is concerned, he could not point out any judgment of this Court or the Hon'ble Supreme Court to the effect that the order granting bail can be cancelled on the ground that the Juvenile Justice Board did not proceed in the matter in accordance with the provisions of Section 7 of the Act of 2000. 6. I do not find any merit in any contentions of the learned counsel for the petitioner and the revision petition is accordingly dismissed.Revision petition dismissed. *******