KANHAIYALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, challenge has been made to the order dated 30.11.2010 passed by the learned Sessions Judge, Chittorgarh, dismissing the appeal filed by the petitioner against the order dated 24.11.2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Chittorgarh in FIR No. 200/2010 under Section 363, 366, 376, 120-B IPC registered at Police Station Gangrar.

(2.) The brief facts of the case are that a complaint was filed before the Judicial Magistrate, Gangrar, which was sent to the Police for investigation under Section 156(3) CrPC. The police registered the case as FIR No. 200/2010 under Section 363, 366, 376 and 120-B IPC at Police Station Gangrar and commenced investigation. During the course of investigation, present petitioner Kanhaiyalal was detained in the above FIR. Since the petitioner was minor, therefore, an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was filed on behalf of petitioner for grant of bail before the Juvenile Justice Board, Chittorgarh. The application was rejected after hearing both the sides by the learned Principal Magistrate, Juvenile Justice Board, Chittorgarh vide order dated 24.11.2010 on the ground that present case is of henious nature pending against the petitioner. Petitioner then preferred appeal under Section 52 of the Act before the District and Sessions Judge, Chittorgarh, who by order dated 30.11.2010 dismissed the appeal and maintained the order of rejection of bail for Kanhaiyalal.

(3.) Learned counsel for the petitioner submitted that the gravity of the offence committed cannot be a ground to decline the bail to juvenile. He 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. He further contended that the orders of the courts below are not based on definite facts and they are based on surmises and conjectures.