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2012 DIGILAW 1507 (RAJ)

Mohit Bhal v. State of Rajasthan Thro Public Prosecutor

2012-07-06

MAHESH CHANDRA SHARMA

body2012
JUDGMENT 1. - This revision petition has been filed by the petitioner under Section 53 of Juvenile Justice (Care and Protection of Children) Act, 2000 read with Section 397/401 Criminal Procedure Code against the order dated 2.7.2012 passed by learned Sessions Judge, Alwar, District Alwar (for short 'the learned appellate Court) in Criminal Appeal No. 196/2012 by which the appeal filed by the petitioner has been dismissed and against the order dated 30.6.2012 passed by Principal Magistrate, Juvenile Justice Board, District Alwar (Raj.) (for short 'the learned trial Court) in relation to F.I.R. No. 279/2012 registered at Kotwali, Alwar District Alwar under Sections 323, 341 and 307 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. 279/2012 registered at Kotwali, Alwar District Alwar under Sections 323,341 and 307 Indian Penal Code. 3. Thereafter, the petitioner moved his bail application before the learned trial Court but the same was rejected vide order dated 30.6.2012. 4. Against the said order of the learned trial Court dated 30.6.2012, the petitioner filed a Criminal Appeal before the learned appellate Court which has also been dismissed vide order dated 2.7.2012. Against the said order, this revision petition was preferred. 5. In this revision petition the learned counsel for the petitioner has placed reliance upon an order passed by this Court in S.B. Criminal Revision Petition No. 895/2008, 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 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. 50,000/-with one surety in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, District Alwar (Raj.) 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.Revision allowed. *******