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2010 DIGILAW 1656 (RAJ)

Harish v. State of Rajasthan

2010-09-27

MAHESH CHANDRA SHARMA

body2010
Hon'ble SHARMA, J.—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 20.8.2010 passed by learned Sessions Judge, Tonk in Cr. Misc. bail application No. 445/2010 by which the appeal filed by the petitioner has been dismissed and against the order dated 19.8.2010 passed by Principal Magistrate, Juvenile Justice Board,Tonk in relation to FIR No. 110/2010 registered at Police Station Sadar for the offence u/Ss. 458, 302, 34 IPC and Section 4/25 of the Arms Act whereby the application filed by the petitioner under Section 12of the Juvenile Justice (Care & Protection of Children) Act, 2000 has been rejected. 2. Brief facts of the case are that complainant submitted an FIR No. 110/2010 registered at Police Station Sadar for the offence u/Ss. 458, 302, 34 IPC and Section 4/25 of the Arms Act. 3. Thereafter, the petitioner moved his bail application before the Principal Magistrate, Juvenile Justice Board Tonk but the same was rejected vide order dated 19.8.2010. 4. Against the said order of Principal Magistrate & Juvenile Justice Board, Tonk dated 19.8.2010, the petitioner filed a Cr. Appeal before the learned Sessions Judge, Tonk which has also been dismissed vide order dated 20.8.2010. Against the said order, this revision petition was preferred. 5. In this revision petition Mr. S.S. Hasan, counsel for the petitioner has placed reliance upon an order passed by this Court in S.B. Criminal Revision Petition No.895/2008, Rakesh vs. 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. 7. For these reasons, I accept the petitioner 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 Principal Magistrate, Juvenile Justice Board, Tonk 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. 8. Hence, this revision petition is disposed of accordingly. Stay order 9. 8. Hence, this revision petition is disposed of accordingly. Stay order 9. In view of the order passed in the revision petition, the stay application stands disposed of.