FAWAAD NASIR ALIAS ZIYA Vs. STATE OF DELHI

JUDGEMENT

(1.) Present revision petition under Section 53 of Juvenile Justice Act read with Section 482 Crl.P.C. has been filed by the petitioner seeking quashing of order dated 1st June, 2007, vide which Juvenile Justice Board dismissed the bail application and order dated 13th July, 2007 vide which Additional Sessions Judge dismissed the appeal filed by the petitioner seeking bail. Along with it an application seeking interim bail has also been filed by the petitioner.

(2.) The case of prosecution is that the present petitioner along with his co-offenders including four adult accused had murdered one Captan. The motive behind the murder was that, the deceased used to demand Rangdari from the petitioner and his co-offenders. One Rakesh is an eye- witness to this incident and he has clearly mentioned the role played by the present petitioner in the incident. Three adult co-accused are stated to be absconding and they are yet to be arrested.

(3.) It has been contended by learned counsel for the petitioner that since the petitioner is a juvenile and was less than 18 years at the time of the alleged crime, he is entitled to bail as per Section 12 of The Juvenile Justice (Care and Protection of Children) Act, 2000 and in support of his contentions learned counsel has cited a decision of this Court in Sandeep v. State of NCT of Delhi, 2007 (3) LRC 416 (Del). Besides this, he has cited some other judgments in support of his contentions. With regard to the interim bail, it has been contended that petitioner has to be appear in the Secondary School Examination at Patna w.e.f. 8th October, 2007 and he may be granted interim bail.