MANENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under Section 53 of the Juvenile Justice Care & Protection of Children) Act, 2000 (here -in -after referred to as, 'the Act') against the order dated 4th March, 2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Dholpur in Criminal Case No. 13/2010 whereby the application for grant of bail moved under Section 12 of the Act on behalf of the petitioner to release him on bail in FIR No. 2/2010 registered at police station Rajakhera District Dholpur has been dismissed and the appeal No. 24/2010 preferred by the petitioner against the aforesaid order has been dismissed.

(2.) NECESSARY facts, for the disposal of the present petition, are that on 3rd January, 2010 FIR No. 2/2010 was registered at police station Rajakhera District Dholpur for the offence under Section 304B IPC. After conclusion of investigation, a charge -sheet was filed before the learned Principal Magistrate, Juvenile Justice Board, Dholpur on 27.2.2010 for the aforesaid offence committed by the petitioner. The petitioner was arrested and is confined to juvenile home. An application was moved under Section 12 of the Act before the learned Principal Magistrate, Juvenile Justice Board, Dholpur for grant of bail under Section 12 of the Act. The learned Principal Magistrate, Juvenile Justice Board after hearing both sides rejected the application for the reason that the offence was under Section 304B IPC, therefore, looking to the seriousness of the offence, the petitioner was not required to be given benefit of bail under Section 12 of the Act and rejected the application on 4.3.2010. The appeal preferred against the said order has also been dismissed by the Additional Sessions Judge, Dholpur on 8.3.2010. Hence, the present revision has been filed.

(3.) IT has been the contention of the leaned counsel for the petitioner that there is no material available on record to justify declining bail to the petitioner who was juvenile at the time of commission of the offence. It is also contended that before bail to a juvenile is declined, it should fulfill the requirement of Section 12 of the Act. It is also contended that merely by making a mention in the impugned order that the petitioner is likely to come in contact with known criminals is not enough unless there is some material available on record to justify the same. It is further contended that the gravity of the offence committed cannot be a ground to decline the bail. It is further contended that the courts below without taking into consideration the mandatory provisions of the Act, in a cursory manner declined bail to the petitioner.