Research › Search › Judgment

Rajasthan High Court · body

2015 DIGILAW 441 (RAJ)

Praveen Khokhar v. State of Rajasthan

2015-02-18

BANWARI LAL SHARMA

body2015
JUDGMENT 1. - This is a Revision Petition against the Order dated 18.12.2014 passed by the learned Sessions Judge, Jodhpur Metropolitan in I Criminal Appeal No. 524/2014 whereby the Appeal preferred against the Order dated 9.12.2014 passed by the learned President, Juvenile Justice Board, Jodhpur rejecting the application under Section 12 of the Juvenile Justice Act in F.I.R. No. 269/2014, P.S. Chopasni Housing Board, Jodhpur has been dismissed. 2. According to the prosecution case, on 19.11.2014, the complainant submitted a written report at the Police Station, Chopasni Housing Board, Jodhpur alleging therein that she took divorce from her husband and is having three children, viz., Khushboo, Dhiraj and Prince. On 18.11.2014, her son Dhiraj took Rs. 500/- from her and went out of the home but when he did not return she tried to contact him but his mobile was found to be switched-off. On the next day at about 9.30 A.M. she was informed about the death of Dhiraj and that his dead body was lying near Marwar Apartment, Chopasni Housing Board, Jodhpur on which, she along with one Nadeem, went on the spot and identified the body. 3. On this report, F.I.R. No. 269/2014 under Section 302 I.P.C. was registered at P.S., Chopasni Housing Board, Jodhpur for the offence under Section 302 I.P.C. I and investigation commenced and after completion of investigation the petitioner and other co-accused were detained and charge-sheet was filed against them before the Juvenile Justice Board. The father of the petitioner preferred an application under Section 12 of the Juvenile Justice (Care and protection of Children) Act, 2000 for releasing him on bail but the same has been dismissed vide Order dated 9.12.2014. 4. Being aggrieved by the Order dated 9.12.2014, the petitioner preferred an appeal but the same has also been dismissed by the learned Sessions Judge, jodhpur Metropolitan vide Order dated 18.12.2014. Hence, this Revision petition. 5. The learned Counsel for the petitioner submitted that the petitioner is a juvenile and gravity of offence cannot be considered against the juvenile, unless there is evidence that his release may cause danger to his life or he may come in association with hardened criminals and that the same will result into failure of justice, bail cannot be denied to a juvenile. Hence, he may be enlarged on bail. Hence, he may be enlarged on bail. It was also submitted by him that similarly situated juvenile has been granted bail by this Court in Mohd. Sajid @ Sajeb v. State of Rajasthan, (S.B. Criminal Revision Petition No. 64/2015, decided on 29.1.2015) and prayed that this Revision Petition may also be allowed and the petitioner may be granted bail. 6. The learned Public Prosecutor opposed the Revision Petition in general. 7. This Court also, in catena of decision, while relying upon the provisions of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 hereinafter referred to as 'the Act') has held that bail to the juvenile can only be refused if anyone of the grounds envisaged in Section 12 of the Act exists and so far as gravity is concerned, it is not covered under Section 12 of the Act. It was also observed that the Parliament reconsidered the entire matter and repealed Old Act of 1986 by introducing new Act No. 56 of 2000, raising the age from 16 to 18 years and this was done keeping in view the welfare of the child so that evert after committing an offence, a child may not become a hardened criminal hut he may reform himself. So far as the ground of dismissal of bail application on the ground that his release may bring the juvenile into association with known criminal is concerned, this Court, while considering the definition of the word "association" held that the single instance of a child delinquent joining the company of some known criminal or criminals would not be sufficient to satisfy the definition of the word "association" used in Section 12 of the Act and if his past conduct has been of such a nature, which indicates his continuous association with known criminal or criminals then there would be justification for inferring that there would be likelihood that his release may bring him in association with known criminals. 8. In the case in hand, the report of the Probation Officer was called and perused, wherein nothing adverse was reported against the petitioner nor it was reported that his past conduct was of such a nature which could indicate his continuous association with known criminal or criminals. 9. 8. In the case in hand, the report of the Probation Officer was called and perused, wherein nothing adverse was reported against the petitioner nor it was reported that his past conduct was of such a nature which could indicate his continuous association with known criminal or criminals. 9. Both the Courts below rejected the application of the petitioner on the ground of gravity of the offence and that his release may bring him to association with hardened criminals which may put his life into danger and that result into failure of justice. 10. In view of the above discussion, I do not find any special reason to hold chat there is any possibility that on his release, the petitioner may come in association with hardened criminals which may put his life into danger or there will be any failure of justice. 11. Accordingly, this Revision Petition is allowed. The impugned Order dated 18.12.2014 passed by the learned Sessions Judge, Jodhpur Metropolitan as well as the Order dated 9.12.2014 passed by the learned President, Juvenile Justice Board, Jodhpur are hereby quashed. 12. Let the Revisionist Praveen Khokhar S/o Shri Neeraj Khokhar be released on bail in the aforesaid case on furnishing a personal bond amounting to Rs. 40,000/- by his natural guardian, father with two solvent sureties amounting to Rs. 20,000/- each to the satisfaction of the learned Juvenile Justice Board, Jodhpur with stipulation that the revisionist juvenile will be produced on each and every date of hearing before the learned Juvenile Justice Board, Jodhpur or where the case is being transferred and whenever called upon to do so. Further, he, alongwith members of family will keep a watch over the juvenile that he may not indulge in any other criminal activity.Revision allowed. *******