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2018 DIGILAW 118 (RAJ)

ROHIT KUMAR v. STATE OF RAJASTHAN

2018-01-08

P.K.LOHRA

body2018
ORDER : P.K. Lohra, J. Petitioner-juvenile has filed this revision petition under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 read with Section 397/401 Cr.P.C. (for short, 'JJ Act') to challenge order dated 29.11.2017 passed by District and Sessions Judge, Dungarpur (for short, 'learned appellate Court'). 2. At the threshold, pursuant to investigation into FIR No. 272/2017, registered at Police Station Dhambola, District Dungarpur, petitioner was charged for offence punishable under Section 306 IPC, and, being a child in conflict with law, he was kept in Observation Home. At the behest of petitioner, his natural guardian - father, Mahesh Chandra, laid an application under Section 12 of the JJ Act before the Juvenile Justice Board, Dungarpur for seeking bail but the same was rejected on 21.11.2017. Subsequently, father of petitioner expired and thereafter his uncle preferred an appeal before the learned appellate Court being aggrieved by the order dated 21.11.2017 and the learned appellate Court also rejected his appeal on 29.11.2017. 3. I have heard learned counsel for the petitioner as well as learned Public Prosecutor, perused the materials available on record and also the report of Probation Officer. 4. Having regard to the facts and circumstances of the case, in my opinion, both the Courts below ought to have exercised their discretion vis-a-vis petitioner for grant of bail who is a child in conflict with law. 5. A perusal of the report of Probation Officer makes it abundantly clear that his conduct was normal during his confinement and even when he was granted interim bail to perform the last rites of his father, who died while he was in confinement. In the orders passed by both the Courts below there is no iota of proof that if petitioner is released on bail he would be exposed to known criminals which may have adverse effect on his moral and physical condition besides psychology. A very significant fact that after availing interim bail petitioner has surrendered himself has further persuaded me to examine the orders with pragmatic approach for facilitating release of juvenile on bail. 6. Accordingly, the instant revision petition is allowed and both the impugned orders are hereby quashed and set aside and it is hereby ordered that petitioner-juvenile, Rohit Kumar @ Jeetu S/o Shri Mahesh Rot, be released on bail provided his guardian - uncle Kanti Lal furnishes a personal bond of Rs. 6. Accordingly, the instant revision petition is allowed and both the impugned orders are hereby quashed and set aside and it is hereby ordered that petitioner-juvenile, Rohit Kumar @ Jeetu S/o Shri Mahesh Rot, be released on bail provided his guardian - uncle Kanti Lal furnishes a personal bond of Rs. 25,000/- and one local surety of like amount to the satisfaction of Juvenile Justice Board, Dungarpur 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.