DANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the juvenile delinquent Danaram through his sister Smt. Bimla Devi W/o. Shri Hariram, under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dated 2.12.2013 passed by Sessions Judge, Jhunjhunu in Cr. Appeal No. 740/2013 by which the appeal filed by the juvenile delinquent has been dismissed and the order dated 27.11.2013 passed by Principal Magistrate, Juvenile Justice Board, Jhunjhunu dismissing the bail application filed by Juvenile delinquent under Section 12 of Juvenile Justice Act, has been affirmed. Brief facts of the case are that Ratan Lal S/o. Shri Chaju Ram lodged a First Information Report No. 361/2013 at Police Station, Khetri, District Jhunjhunu for the offence under Section 302 and 201 IPC against some unknown persons. During the course of investigation, the juvenile delinquent was arrested by the police.

(2.) THEREAFTER an application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 was filed by uncle of the juvenile for custody of the juvenile delinquent. The said application was rejected on 16.9.2013. Against the said order dated 16.9.2013, the juvenile delinquent preferred an appeal under Section 52 of the Juvenile Justice (Care & Protection of Children) Act, 2000 in the Court of Sessions Judge, Jhunjhunu, but the same was also dismissed vide order dated 21.9.2013. Thereafter on the report having been given by the Protection/Probation Officer in favour of juvenile delinquent, the sister of the juvenile delinquent filed an application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 for the custody of juvenile delinquent, but the same was rejected vide order dated 27.11.2013. Being aggrieved by the order dated 27.11.2013, the juvenile delinquent through his sister filed an appeal under Section 52 of the Juvenile Justice (Care & Protection of Children) Act, 2000 in the Court of Sessions Judge, Jhunjhunu, but the same was also dismissed vide order dated 2.12.2013. Against the said order, this revision petition has been preferred with the following prayer:

(3.) UPON hearing the arguments of the counsel for the Juvenile delinquent and the Public Prosecutor, in my view the juvenile Danaram S/o. Shri Prabhu Dayal deserves be released on bail. Hence, this revision petition is allowed; the impugned orders are set -aside and juvenile Danaram S/o. Shri Prabhu Dayal is ordered to be released on bail, provided his sister Smt. Bimla Devi W/o. Shri Hariram submits a bail bond in the sum of Rs. 1,00,000/ - (Rs. One Lakh) with two sureties in the amount of Rs. 50,000/ - (Rs. Fifty Thousand) each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Jhunjhunu with the stipulation that she will produce the Juvenile before the Juvenile Justice Board, Jhunjhunu on all dates of hearing and as and when he is called upon to do so during the pendency of enquiry.