FIROZ KHATHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Service of notice has been effected on the complainant- respondent No.2. But nobody has appeared on his behalf to oppose the revision.

(2.) The Juvenile petitioner Firoz Khathat is confined in Juvenile Observation Home, Rajsamand in connection with FIR No.510/2020 registered at Police Station Bheem, District Rajsamand. Application for bail filed on behalf of the petitioner under Section 12 of the Juvenile Justice Act was rejected by the Principal Magistrate, Juvenile Justice Board, Rajsamand vide order dated 17.02.2021 which was assailed in an appeal under Section 101 of the Juvenile Justice Act. Such appeal has been dismissed by the learned Sessions Judge (Children's Court), Rajsamand by order dated 23.02.2021. These orders are assailed by the petitioner through his natural guardian in this revision preferred under Section 397 of the Cr.P.C.

(3.) Shri Vineet Jain, learned counsel representing the petitioner, vehemently and fervently contends that the entire prosecution case is false and fabricated. The petitioner has been charged with the allegation that he killed the victim Hamid by the blow of a stone with the intention of looting his mobile phone. However, as per Shri Jain, there is no eye-witness of the incident. The entire prosecution case is based on recovery of a mobile phone allegedly made at the instance of the present petitioner on 14.11.2020, but, such recovery in isolation cannot be considered sufficient so as to deny bail to the petitioner. He further points out that the petitioner was a tender aged boy of 12 years and 11 months at the time of the incident and his continued detention at the observation home would make him liable to come into contact with other child offenders. He thus urges that the petitioner juvenile deserves to be released on bail into the guardianship of his natural guardian during the pendency of the inquiry.