Research › Search › Judgment

Rajasthan High Court · body

2018 DIGILAW 1155 (RAJ)

Malaram v. State of Rajasthan

2018-05-03

P.K.LOHRA

body2018
JUDGMENT P.K. Lohra, J. Petitioner-Juvenile Malaram, through his guardian brother Ranjeet, has preferred this revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'Act of 2015') to challenge order dated 20.04.2018, passed by Additional Sessions Judge No.1, Nagaur (for short, 'learned appellate Court') upholding order dated 17th of April 2018, passed by Principal Magistrate, Juvenile Justice Board, Nagaur (for short, 'learned Board'). 2. At the threshold, learned Board, upon consideration of bail plea of the petitioner-juvenile under Section 12 of the Act of 2015, declined him bail upon his detention pursuant to investigation into CR No.78/2015 of Police Station Khinvsar, District Nagaur for offence punishable under Sections 147, 148, 149, 295A, 427, 379, 452, 302, 454, 455 and 153A IPC. Being aggrieved by the same, petitioner-juvenile preferred an appeal before the learned appellate Court but his that effort also proved abortive. 3. It is argued by learned counsel for the petitioner that besides petitioner other co-accused Bhivraj @ Bhivaram, Virendra Singh and Satyanarayan were also named in the FIR for alleged offence but being major they were subjected to trial by Sessions Court. 4. Learned counsel further submits that during trial in Sessions Case No.81/15 before learned Additional District and Sessions Judge No.1, Nagaur, all the material witnesses turned hostile and have not supported the prosecution case. It is also submitted by learned counsel that co-accused, Bhivraj @ Bhivaram, Virendra Singh and Satyanarayan, have been enlarged on bail by this Court. Learned counsel has also submitted that both the Courts below, while declining bail plea of the petitioner, have not cared to examine the true purport of Section 12 of the Act of 2015, and therefore, both the orders impugned are not sustainable. 5. Per contra, learned Public Prosecutor has vehemently opposed the revision petition. 6. Having regard to the facts and circumstances of the case, I feel persuaded to exercise revisional jurisdiction in the matter to upset both the impugned orders passed by learned Courts below. 7. Resultantly, both the impugned orders are hereby quashed and set aside and the revision petition is allowed. As a consequence thereof, petitioner-juvenile, Malaram S/o Shri Sugnaram, is ordered to be released on bail, provided requisite bail bond is furnished by his guardian Brother Ranjeet in a sum of Rs. 7. Resultantly, both the impugned orders are hereby quashed and set aside and the revision petition is allowed. As a consequence thereof, petitioner-juvenile, Malaram S/o Shri Sugnaram, is ordered to be released on bail, provided requisite bail bond is furnished by his guardian Brother Ranjeet in a sum of Rs. 25,000/- with one surety of like amount to the satisfaction of Juvenile Justice Board, Nagaur with further stipulation that he shall make sincere endeavour to present juvenile (petitioner) before the Board on each and every date of hearing and as and when he is called.