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2009 DIGILAW 972 (RAJ)

Gorelal @ Gora v. State of Rajasthan.

2009-04-08

MAHESH CHANDRA SHARMA

body2009
JUDGMENT 1. - This revision petition has been filed by the petitioner under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 read with section 397/401 Cr.P.C. against the order Dated 05.03.2009 passed by the Sessions Judge Dholpur (Raj.) in Crl. Appeal No. 19 of 2009 by which the appeal filed by the petitioner has been dismissed and against the order dated 03.03.2009 passed by Juvenile Justice Board, Dholpur in relation to FIR No. 159 of 2004 registered at Police Station, Sarmathura for the offence under Sections.376 & 377 Indian Penal Code whereby the application filed by the petitioner under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 has been rejected. 2. Brief facts of the case are that no complainant submitted an FIR No. 159 of 2004, registered at Police Station Sarmathura for the offence under Sections.376 & 377 Indian Penal Code. 3. Thereafter, the petitioner moved his bail application before the Juvenile Justice Board, Dholpur, but the same was rejected vide order dated 03.03.2008. 4. Against the said order of Juvenile Justice Board, Dholpur dated 03.03.2009, the petitioner filed a Criminal Appeal before the Sessions Judge, Dholpur which has also been dismissed vide order dated 05.03.2009. Against the said Order, this revision petition was preferred. 5. In this revision Petition Mr. S.P. oshwal, counsel for the Petitioner has placed reliance upon an order passed by this court in S.B. Criminal Revision Petition No.895 of 2008, Rakesh v. State of Rajasthan in which benefit of bail to accused Rakesh has been given and his prayer is very simple that the case of the present petitioner is not distinguishable to that of accused person i.e. Rakesh. 6. Learned PP opposed the petition. For these reasons, I accept the petition of the petitioner provided he furnishes a personal bond through his natural guardian in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Juvenile Justice Board, Dholpur with the stipulation that on the subsequent date of hearing he shall appear before the said court and any other date during the pendency of enquiry and the guardian shall keep proper look after the petitioner.Hence, this revision petition is disposed of accordingly. *******