MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Petitioner is aggrieved by the order dated 30 -72010, passed by Juvenile Justice Board, Jhalawar, where by the learned Board has denied the benefit of bail to the Petitioner. The Petitioner is also aggrieved by the order dated 4 -8 -2010, passed by Sessions Judge, Jhalawar, whereby the learned Judge had upheld the order dated 30 -7 -2010.

(2.) THE brief facts of the case are that a FIR No. 52/2009 was registered at Police Station Bhalta, District Jhalawar, for the offence under Section 380 IPC. The Petitioner was arrested, and after completion of investigation, the charge -sheet was filed against the Petitioner. The case was committed for trial before the Juvenile Justice Board, Jhalawar. The bail was granted to Petitioner, but he failed to attend the court, therefore, his bail bonds were forfeited and arrest warrants were issued. On arrest, the Petitioner moved bail application under Section 12 of the Juvenile Justice Act. Vide order dated 30 -7 -2010, the bail application was dismissed. The Petitioner preferred appeal under Section 52 of the Act, before the learned Sessions Judge, Jhalawar. The learned Sessions Judge, also dismissed the appeal and confirmed the order dated 30 -7 -2010. Hence, this petition.

(3.) VIDE order dated 27 -4 -2011, this Court had directed the Public Prosecutor to find out about the Petitioner's antecedents. According to the learned Public Prosecutor, the Petitioner is also involved in two other cases under Sections 379 and 380 IPC. Learned Public Prosecutor has further contended that it would be travesty of justice, if the Petitioner is permitted to repeatedly violate the law, and repeatedly be granted the bail. In other two cases, he has been granted bail, yet he has disobeyed the conditions of bail. She has further contended that it would be in the interest of justice that the bail should not be granted to him, and he should learn a trade and reform himself while he is in custody. Therefore, she has prayed that bail should not be granted to him.