AMIT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, challenge has been made to the order dated 07.01.2011 passed by the learned Additional District and Sessions Judge No. 1, Shri Ganganagar, dismissing the appeal filed by the petitioner against the order dated 24.12.2010 passed by the learned Principal Magistrate, Juvenile Justice Board, Shri Ganganagar in FIR No. 303/2010 under Section 302 IPC registered at Police Station Rajiyasar, District Shri Ganganagar.

(2.) The brief facts of the case are that on 21.12.2010 at 5.00 p.m. Hanuman S/o Shera Ram Jat resident of Bakhtawarpura submitted a report to the Station House Officer, Police Station Rajiyasar to the effect that Ram Kumar and Amit Kumar are the two sons of his late brother Sardulram. Ram Kumar had killed his father and due to that there was enmity between Ram Kumar and Amit Kumar. On that day Ram Kumar had come to the Panchayat House to get succession certificate. At about 2.00 p.m. Amit Kumar came there and started quarrelling with Ram Kumar and beat him with Lathi and knife. When Ram Kumar tried to escape, Amit Kumar killed him near the house of Bega Ram. On the aforesaid report, police registered FIR No. 303/2010 under Section 302 IPC and commenced investigation. During the course of investigation, present petitioner Amit Kumar 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, Shri Ganganagar. The application was rejected after hearing both the sides by the learned Principal Magistrate, Juvenile Justice Board, Shri Ganganagar vide order dated 24.12.2010 on the ground that present case is of henious nature pending against the petitioner and his release is likely to expose him to moral, physical or psychological danger and that would defeat the ends of justice. Petitioner then preferred appeal under Section 52 of the Act before the District and Sessions Judge, Shri Ganganagar and then the case was transferred to the court of Additional District and Sessions Judge No. 1, Shri Ganganagar, who by order dated 07.01.2011 dismissed the appeal and maintained the order of rejection of bail for the petitioner.

(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.