DATTATRAY G SANKHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD the learned Counsel for both the parties in Criminal Application No. 1738 of 2003 and Criminal Application No. 1719 of 2003.

(2.) THE learned Counsel appearing for applicant in Criminal Application no. 1719 of 2003 has submitted that the bail granted by the Sessions Court to the respondent No. 2 i. e. applicant in Criminal Application No. 1738 is liable to be cancelled, as firstly it has been obtained by suppressing material facts. He further submitted that the Juvenile Court had released the respondent No. 2 juvenile accused on temporary bail. It is submitted that this fact was not brought to the notice of the Sessions Court and therefore, by virtue of suppression of material facts, the Sessions Court had granted bail to the juvenile accused. He further submitted that the complainant is still in coma and has not yet recovered and that grave and heinous crime has been committed by the juvenile accused. It is further submitted that the witnesses have stated in their statement that Kunal Sankhe was mercilessly assaulted by all the accused. It is submitted that by taking advantage of the temporary bail order, which was obtained by suppressing material facts, the other accused are also released on bail. He therefore, submitted that the bail which was granted by the Sessions Court, in these circumstances, was liable to be cancelled. He further submitted that two of the other accused who are members of the same family have visited the hospital where the complainant is admitted and there is danger to his life. He, however, candidly submitted that this fact is not mentioned in the present application but the same has been mentioned in the other application which is filed by him before this Court.

(3.) SHRI Jha, the learned Counsel for respondent No. 2 juvenile, applicant in Criminal Application No. 1738 of 2003 has submitted that in view of the provisions of section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (the Act for short), the Juvenile Board had no other option but to release the juvenile on bail, unless the conditions which are mentioned in the said section are noticed by the Board. He further submitted that only if there is a reasonable ground made out by the prosecution that the juvenile is likely to be involved or exposed with known criminals, the Board could refuse to grant bail.