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2016 DIGILAW 807 (RAJ)

Ravi Kumar v. State of Rajasthan

2016-06-01

PANKAJ BHANDARI

body2016
ORDER : Pankaj Bhandari, J. The petitioner, through his natural guardian, mother, has preferred this revision petition aggrieved by the order dated 01.02.2016 passed by the Juvenile Justice Board, Barmer, vide which the application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as 'the Act') was rejected. The petitioner has also challenged the order dated 04.02.2016 passed by the learned Additional Sessions Judge No.1, Barmer, vide which the appeal filed by the petitioner under Section 52 of the Act was rejected. 2. The contention of the counsel for the petitioner is that the offence against the present petitioner is under Section 306 IPC. There is nothing on record to infer that release of the juvenile in conflict with would bring him into association of criminals and the Juvenile Justice Board as well as the learned appellate court have committed an error in rejecting the prayer for release of the juvenile in conflict with law. 3. The learned Public Prosecutor, on the other hand, has contended that the juvenile in conflict with law threatened the deceased, as a result of which, she committed suicide. 4. I have considered the rival contentions of the parties. 5. The gravity of the offence is not to be seen at this stage. The only thing which is to be seen is that whether release of the juvenile in conflict with law would defeat the ends of justice or would bring him into association of criminals, which will have adverse moral effect upon him. There is nothing on record to come to the conclusion that the release of the juvenile in conflict with law would bring him into association of criminals. Further, there is nothing on record to show that his release would defeat the ends of justice. 6. Consequently, this revision petition is allowed. The impugned orders passed by the Juvenile Justice Board as well as the learned appellate court are set aside. The petitioner be released forthwith. 7. It is directed that the petitioner Ravi Kumar s/o Shri Chunni Lal be released on bail, provided his natural guardian, mother, furnishes a personal bond in the sum of Rs. The impugned orders passed by the Juvenile Justice Board as well as the learned appellate court are set aside. The petitioner be released forthwith. 7. It is directed that the petitioner Ravi Kumar s/o Shri Chunni Lal be released on bail, provided his natural guardian, mother, furnishes a personal bond in the sum of Rs. 25,000/- along with two sureties in the like amount each to the satisfaction of the concerned Juvenile Justice Board with the stipulation that she shall produce the petitioner before the concerned Juvenile Justice Board on all dates, till the enquiry or trial is completed. His natural guardian, mother shall ensure that the juvenile in conflict with law maintains good conduct and behaviour.