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2015 DIGILAW 406 (RAJ)

Krishan Lal v. State of Rajasthan

2015-02-13

GOPAL KRISHAN VYAS

body2015
JUDGMENT 1. - Heard learned counsel for the petitioner as well as learned Public Prosecutor. 2. Learned counsel for the petitioner submits that this revision petition has been filed by Krishan Lal through his grand father Jai Kishan. It is further contended that Krishan Lal is juvenile and an application was filed for bail under Section 12 of the Juvenile Justice Act but the Juvenile Justice Board, Sri Ganganagar rejected the prayer of the petitioner for releasing him on bail vide order dated 07.01.2015. thereafter, an appeal was filed under Section 52 of the Act Juvenile Justice Act, 2000 but that too was dismissed by Sessions Judge, Sriganganagar vide order dated 20.1.2015. 3. As per allegation of the prosecution, no injury was inflicted by juvenile Krishan Lal and specific allegation is against co-accused for inflicting head injury to Rajeev, therefore, it is prayed that the petitioner may be ordered to be released on bail. 4. Learned Public Prosecutor submits that the petitioner is not entitled for bail because he has committed serious offence. 5. After taking into consideration entire facts of the case and the fact that there is no allegation against juvenile Krishan Lal for inflicting any injury to deceased, therefore, I deem it just and proper to granted bail to the present petitioner. 6. Accordingly, this revision petition is allowed and the order dated 7.1.2015 passed by the Juvenile Justice Board, Sri Ganganagar and the order dated 20.1.2015 passed by Sessions Judge, Sri Ganganagar in Criminal appeal No.26/2015 are hereby quashed and set aside. Consequently, it is ordered that petitioner Krishan Lal S/o Indraj may be released on bail upon furnishing a personal bond in the sum of Rs. 50,000/- by natural guardian of the petitioner Jai Kishan S/o Kishan Lal, grand father of the petitioner along with one surety in the sum of Rs. 50,000/- each to the satisfaction of the Juvenile Justice Board, Sri Ganganagar.Petition allowed. *******