PRADHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition, a challenge has been made to the order dated 29.08.2012 passed by the Principal Magistrate, Juvenile Justice Board, Karauli whereby he has rejected the bail application of the petitioner under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as "Juvenile Justice Act"). Being aggrieved of the said order, the petitioner preferred an appeal under Section 52 of the Juvenile Justice Act, which came to be dismissed by the learned learned Sessions Judge, Karauli on 05.09.2012. Therefore, the petitioner has prayed that the aforesaid orders passed by the courts below be quashed and set aside.

(2.) The petitioner was involved in a criminal case alongwith his father and other near relatives, for the offences under Section 147, 148, 149, 341, 323, 324, 307 and 302 IPC. While considering the application under Section 12 of the Juvenile Justice Act filed by the petitioner, the learned Principal Magistrate, Juvenile Justice Board held that the petitioner Pradhan Singh is involved in the murder case of the husband of the complainant alongwith other accused persons. Further, he has held that the offence alleged against the petitioner is of serious nature and accordingly possibility cannot be over-ruled with regard to his coming in the company of other known and unknown accused persons. Therefore, he had been of the view that it would not be in the interest of the juvenile petitioner to get involved in other case.

(3.) On filing of the appeal by the juvenile petitioner, the learned appellate court considered every aspect of the matter, including the material facts and the case law on the point and was of the view that it would not be in the safety, interest and overall welfare of the juvenile petitioner to be enlarged on bail. The relevant finding of the appellate court reads as under:-