SANTOSH ALIAS DHOLIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (herein-after to be referred as, 'the Act') and Section 397/401 Cr.P.C., challenge has been made to the order dated 22nd July, 2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Sikar in FIR No. 101/2010 police station Losal, Sikar whereby the application for grant of bail moved on behalf of the petitioner has been rejected and that of the order dated 28th July, 2010 passed by the learned Sessions Judge, Sikar in Criminal Appeal No. 117/2010 by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) Briefly stated the facts, for the disposal of the present petition, are that on 20th June, 2010, complainant Bajrang Lal lodged a report in the police station Losal District Sikar. On the basis of above report FIR No. 101/2010 for the offence under Section 302 IPC was registered. The petitioner being a juvenile at the time of committing the offence inquiry in relation to petitioner being juvenile was conducted. The petitioner moved an application under Section 12 of the Act before the learned Principal Magistrate, Juvenile Justice Board, Sikar who after hearing both sides, rejected the application moved under Section 12 of the Act on 22nd July, 2010 for the reason that the petitioner on his release may come in contact with known criminals. The petitioner having felt aggrieved preferred an appeal, that too was dismissed by the learned Sessions Judge vide order dated 28th July, 2010. Hence, the present petition has been filed.

(3.) I have heard learned Counsel for the petitioner as well as learned public prosecutor for the State.