GOPAL SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant revision is preferred against the order of the Sessions Judge, Udaipur dated 26. 02. 2003 dismissing the appeal against the order of the Principal Magistrate, Children Court, Udaipur dated 14. 02. 2003 refusing to release the applicant on bail.

(2.) THE brief facts giving rise to the instant revision petition are that in the intervening night of 02. 12. 2002 and 03. 12. 2002 murder of a forein lady tourist namely Lee Ching took place in a hotel in the locality known as Ghanghor Ghat in the city of Udaipur. It is alleged that the petitioner who is a guide by profession was also staying with the deceased. On 2. 12. 2002 they were seen retiring to room No. 301 after taking dinner. However, in the morning of 3. 12. 2002 till 10:00 A. M. when the rooms was not opened and there was no response from inside, it was opened by a duplicate key. THE dead body of the foreign tourist was found lying in the room. THE petitioner was found missing. THE F. I. R. was lodged at Police Station, Ghantaghar. After usual investigation Police laid charge-sheet against the petitioner for offence under Section 302 I. P. C.

(3.) THE Sub-clause (2) further provides that in case the juvenile is not released on bail under sub-clause (1) the juvenile shall be kept in the observation home in the prescribed manner. That it clearly emerges that the provisions of Section 12 of the Act are mandatory in nature and as a rule it is obglatory on the children court to release juvenile on bail with or without surety. Unless his case falls in any of the three exceptions i. e. apprehension of the accused to come in contact with the known criminal or his exposer to moral, physical or psychological danger or in the opinion of the court his release would defeat the ends of justice.