DUSHYANT Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision petition preferred under section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 2.6.11 passed in Criminal Appeal No. 197/11, by the Sessions Judge, Guna (M.P.), rejecting thereby an application of the petitioner-accused seeking his release on bail under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000. * Decision reproduced in toto.

(2.) FACTS of the case, as borne out from the record of the case are that on 20.4.11, accused-petitioner accompanied with his sister, namely, Priya and one other co-accused Chandrapal committed murder of Varun by inflicting him knife and Gandasa blows.,It is alleged by the prosecution that the sister of the accused-petitioner fell in love with deceased but on account of her different caste, the deceased refused her to marry, which resulted into his death. The accused was arrested and brought before the Juvenile Board. He submitted an application for bail which was rejected vide order dated 18.5.11. Being aggrieved, he preferred an appeal under section 52 of the Act before the learned Sessions Judge, which is dismissed under the impugned order. Hence, this revision.

(3.) CONSIDERED the contentions raised by both the sides and also perused the record of the Board alongwith provisions of law applicable to the case.