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2010 DIGILAW 303 (RAJ)

Ashok v. State of Rajasthan

2010-02-05

MAHESH CHANDRA SHARMA

body2010
JUDGMENT 1. - This revision petition has been filed by the petitioner under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 397/401 Criminal Procedure Code against the order dated 6.1.2010 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases) Alwar in Criminal Appeal No. 73/2009 by which the appeal filed by the petitioner has been dismissed and against the order dated 21.11.2009 passed by the Principal Magistrate and Juvenile Justice Board, Alwar in relation to F.I.R. No. 368/2009 registered at Police Station Tijara District Alwar for the offence under Sections 367, 376(2)(G) and 323 Indian Penal Code. whereby the application filed by the petitioner under Section /12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 has been rejected. 2. Brief facts of the case are that on complainant submitted an F.I.R. No. 368/2009 registered at Police Station Tijara District Alwar for the offence under Sections 367, 376(2)(G) and 323 Indian Penal Code. 3. Thereafter, the petitioner moved his bail application before the Principal Magistrate and Juvenile Justice Board, Alwar but the same was rejected vide order dated 21.11.2009. 4. Against the said order of Principal Magistrate and Juvenile Justice Board, Alwar dated 21.11.2009, the petitioner filed a Criminal Appeal before the learned Special Judge, SC/ST (Prevention of Atrocities Cases) Alwar which has also been dismissed vide order dated 6.1.2010. Against the said order, this revision petition was preferred. 5. In this revision petition Dr. Mahesh Sharma, counsel for the petitioner has placed reliance upon an order passed by this Court in S.B. Criminal Revision Petition No. 895/2008, Rakesh Ps. 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 Public Prosecutor opposed the petition. 7. 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. 6. Learned Public Prosecutor opposed the petition. 7. 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 Principal Magistrate and Juvenile Justice Board, Alwar 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 inquiry and the guardian shall keep proper look after the petitioner.Hence, this revision petition is disposed of accordingly.Bail application allowed. *******