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2012 DIGILAW 190 (RAJ)

Nanu Ram v. State of Rajasthan

2012-01-19

SANDEEP MEHTA

body2012
JUDGMENT 1. - The present revision petition has been filed on behalf of the petitioner - juvenile Nanu Ram being aggrieved by the order dated 13.12.2011 passed by the learned Sessions Judge, Chittorgarh in Criminal Appeal No.224/2011, whereby, the order dated 08.12.2011 passed by the learned Principal Magistrate, Juvenile Justice Board, Chittorgarh rejecting the application under Section 12 of the Juvenile Justice Act filed on behalf of the petitioner has been affirmed. 2. Learned counsel submits that the petitioner is facing trial for the offences under Sections 376, 363, 366 and 34 IPC and an application was preferred on behalf of the petitioner for releasing him to the custody of his father, which has wrongly been rejected by the courts below. 3. Learned Public Prosecutor was directed to procure the report of the Probation Officer and he has placed on record the report, as per which, the Probation Officer has expressed that there is threat to the petitioner on his being released. 4. Learned counsel for the petitioner Mr. M.K. Garg has submitted an affidavit of the petitioner's father, as per which, the father of the petitioner has assured that he shall take steps for the safe keeping of his son in the event of his release. 5. I have heard learned counsel for the parties, perused the orders impugned, statement of the prosecutrix recorded under Section 164 Cr.P.C and have considered the arguments advanced at bar. 6. The petitioner is said to be 15 years of age, whereas, the prosecutrix is aged about 16 years. The relations between the prosecutrix and the petitioner have continued for an extended period of time as per the statement of the prosecutrix. 7. Accordingly, this Court feels that there are just and valid grounds for directing release of the petitioner to the guardianship of his father. 8. Consequently, this revision petition succeeds. The order dated 08.12.2011 passed by the Principal Magistrate, Juvenile Justice Board, Chittorgarh as well as the order dated 13.12.2011 passed by the learned Sessions Judge, Chittorgarh declining bail to the petitioner are hereby set aside. 9. It is directed that the petitioner - Nanu Ram son of Gokal Bheel shall be released into the custody of his father on furnishing a personal bond by his natural guardian (father) in the sum of Rs. 9. It is directed that the petitioner - Nanu Ram son of Gokal Bheel shall be released into the custody of his father on furnishing a personal bond by his natural guardian (father) in the sum of Rs. 10,000/- and a surety in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Chittorgarh with the stipulation that on all subsequent dates of hearing, he shall appear before the said court and any other court during pendency of inquiry in the case and that the guardian shall keep proper look after of the delinquent child.Petition allowed. *******