JAVED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 {hereinafter to be referred as the Act'}, challenge has been made to the order dated 01st August 2013 passed by the learned Principal Magistrate, Juvenile Justice Board, Alwar In FIR No.714/2012 of Police Station, Bhiwadi, Alwar whereby the application for grant of bail moved on behalf of the petitioner has been rejected and that of the order dated 13th September 2013 passed by learned Sessions Judge, Alwar in Criminal Appeal No. 247/2013, by which the appeal preferred on behalf of the petitioner has been dismissed.

(2.) I have heard learned counsel for the petitioner as well as learned Public Prosecutor.

(3.) It was been the contention of the learned counsel for the petitioner that there is no material available on the record to justify declining bail to the petitioner, who was juvenile at the time of commission of the offence. It is further contended that the gravity of the offence committed cannot be a ground to decline the bail. It is also contended that the courts below without taking into consideration the mandatory provisions of the Act, in a cursory manner declined ball to the petitioner. It has also been submitted that the co-accused Kasam Khan has already been released on ball by this Court.