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2011 DIGILAW 2637 (RAJ)

Kishore Abdul Rahim v. State of Rajasthan

2011-12-01

SANDEEP MEHTA

body2011
JUDGMENT 1. - The present revision petition has been filed on behalf, of the petitioner who is juvenile seeking his release from custody to the guardianship of his father Abdul Karim. 2. Petitioner has been detained in connection with the case arising out of FIR No. 19/2011 of the Police Station Badnor, District Bhilwara for the offence under Sections 147, 148, 149, 302 and 120 Indian Penal Code. 3. Petitioner filed an application seeking release before the learned Principal Magistrate, Juvenile Justice Board, Bhilwara which was rejected, on which the petitioner preferred an appeal under Section 52 of the Juvenile Justice (Protection & Care) Act, 2000 which came to be considered by the learned Sessions Judge, Bhilwara who rejected the same on 04.05.2011. Accordingly, the present revision petition. 4. Praying for the release of petitioner to the guardianship of his father, learned counsel for the petitioner submits that the case which has been registered against the petitioner is based purely on circumstantial evidence and the circumstantial evidence is of flimsy nature. He further submits that no incriminating recovery of any sort has been made from the petitioner and that the petitioner has been incarcerated to custody in the juvenile home without any evidence being in existence against him on the record of the case. He further submits that the petitioner is likely to fall into contact with hardened criminals if he is continued to be kept in juvenile remand home. 5. This Court had called for the report of the Probation Officer, which has been received and has been placed on record. As per the report of the Probation Officer, the petitioner is not reported to be in contact with any other criminals nor is he said to be having any criminal record before. The Probation officer's report also discloses that the petitioner's parents and two elder sisters are therefore taking care of him in the event of his release and accordingly, his release from custody has been recommended. 6. I have given my thoughtful consideration to the arguments advanced at Bar, the order impugned as well as the record of the case which has been filed along with the revision petition. 7. Suffice it to say that the evidence which has been proposed against the petitioner in the charge-sheet is circumstantial in nature. There is no direct evidence of the prosecution to connect the petitioner with the alleged crime. 7. Suffice it to say that the evidence which has been proposed against the petitioner in the charge-sheet is circumstantial in nature. There is no direct evidence of the prosecution to connect the petitioner with the alleged crime. As has been stated above, no incriminating material has been recovered from the petitioner during the course of investigation. The Probation Officer's report also recommends the release of the petitioner from custody and nothing adverse has been stated to be in existence in the event of petitioner being released from custody. It has not been mentioned in the report that if the petitioner is released from custody, then he is likely to come into contact with other criminals for that his release is otherwise prejudicial to his own interest or the interest of the complainant party. Petitioner is the resident of Sargaon whereas the complainant party is a resident of village Sursara, P.S. Roopnagar. Accordingly, this Court is of the opinion that it is a fit case for directing release of the petitioner to the custody of his father during the course of pendency of case going on against him before the Principal Magistrate, Juvenile Justice Board, Bhilwara. 8. Accordingly, the revision succeeds. The order dated 04.05.2011 passed by the Sessions Judge, Bhilwara in appeal as well as the order of the Principal Magistrate, Juvenile Justice Board, Bhilwara dated 01.04.2011 are hereby set aside. The Principal Magistrate, Juvenile Justice Board, Bhilwara is directed to release the petitioner to the guardianship of his father on the petitioner's father furnishing personal bond and surety bonds to his satisfaction with the stipulation to appear before him on all dates of hearing and as and when called upon to do so till the completion of the trial. The amount of bail bonds and surety shall be fixed by the learned Principal Magistrate, Juvenile Justice Board, Bhilwara himself.Petition allowed. *******