Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 423 (RAJ)

Rambilas @ Suraj Kumar v. State of Rajasthan

2010-02-22

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 Cr.P.C. against the order dated 12.1.2010 passed by learned District and Sessions Judge, Baran, in Criminal Appeal No. 5/2010, by which the appeal filed by the petitioners has been dismissed and against the order dated 6.1.2010 passed by Principal Magistrate, Juvenile Justice Board, Baran in relation to F.I.R. No. 431 /2009 registered at Police Station Chhipa Barod for the offence under Sections 376 and 120B I.P.C. whereby the application filed by the petitioners 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. 431/2009 registered at Police Station Chhipa Barod. 3. Thereafter, the petitioners moved his bail application before the Principal Magistrate, Juvenile Justice Board, Chhipa Barod but the same was rejected vide order dated 6.1.2010. 4. Against the said order of Principal Magistrate, Juvenile Justice Board, Chhipa Barod dated 6.1.2010, the petitioners filed a criminal appeal before learned District and Sessions Judge, Baran, which has also been dismissed vide order dated 12.1.2010. Against the said order, this revision petition was preferred. 5. In this revision petition Mr. D.S. Jadaun, counsel for the petitioners 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 petitioners 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 petitioners provided each of them shall furnish a personal bond through their natural guardian in the sum of Rs. 25,000/- each with one surety in the like amount to the satisfaction of the Principal Magistrate, juvenile justice Board, Chhipa Barod, with the stipulation that on the subsequent date of hearing they shall appear before the said Court and any other date during the pendency of enquiry and the guardian shall keep proper look after the petitioners.Hence, this revision petition is disposed of accordingly.Stay orderIn view of the order passed in the revision petition, the stay application stands disposed of.Revision allowed. *******