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2019 DIGILAW 1371 (PNJ)

Yashpreet v. State of Punjab

2019-05-07

SHEKHER DHAWAN

body2019
JUDGMENT : Shekher Dhawan, J. Present revision petition is against the order dated 29.10.2018 passed by learned Additional Sessions Judge, Children's Court, Patiala whereby appeal under Section 52 of the Juvenile Justice Act, 2000 (for short, "the Act") was dismissed. 2. Facts relevant for the purpose of decision of the present petition; that the petitioner herein, who is a juvenile, was involved in commission of offence punishable under Sections 363, 342 and 377 IPC and Section 4 of the Protection of Children from Sexual Offences Act i.e. offence of sodomy on the persons of the minor victim. 3. Learned counsel for the petitioner mainly contended that the petitioner is a juvenile and is in custody since 6.9.2018 and the decision of the case still to take some more time. So, the petitioner be released on bail. 4. Learned State counsel opposed the bail application on the ground that keeping in view the serious nature of offence and age of victim to be 8 years, the petitioner does not deserve the concession of bail and his bail application be dismissed. 5. Having considered the submissions made by learned counsel for the parties and the fact that the petitioner is a juvenile and is in custody since 6.9.2018 and trial of this case still to take some more time, no purpose would be served by keeping the petitioner behind the bars. 6. Resultantly, the present petition stands allowed and petitioner, Yashpreet is ordered to be released on bail subject to his furnishing bail and surety bonds to the satisfaction of the trial Court concerned/Duty Magistrate.