AYUB ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition has been filed by the petitioner, who is Juvenile through his natural guardian uncle Nabbu Khan S/o Kasam Khan, resident of Tesil Ladnu, District Naguar under Sec. 53 of the Juvenile Justice (Care & Protection of Child) Act read with Sec. 397/401 Penal Code against the order dated 20.11.2014 passed by the Addl. Sessions Judge, Nagaur in Cr. Appeal No.75/2014, whereby the learned appellate court confirmed the order dated 18.11.2014 passed by the learned Juvenile Justice Board, Nagaur by which the application filed under Sec. 12 of the Juvenile Justice Act by the petitioner in the FIR no.320/2014 for commission of offence under Sections 143, 341, 323, 382 and 395 Penal Code was rejected.

(2.) At the threshold the learned counsel for the petitioner submits that the co-accused Amzad @ Kirta S/o Mohd. Akram and Aslam S/o Rammzuddin Silawat who were also juvenile have already been granted bail by the coordinate bench of this Court vide order dated 13.10.2014 passed in Cr. Revision Petition No.1026/2014 and case of the petitioner is not distinguishable from the case of aforesaid persons, therefore, this revision petition may kindly be accepted and both the orders impugned may be quashed and petitioner may be released on bail.

(3.) The learned Public Prosecutor does not dispute the fact of granting bail by this Court to the co-accused persons of FIR no.320/2014 registered at Police Station Ladnu, District Naguar in which the present petitioner is also accused, but submits that now-a-days, it appears that teenagers and students are usually putting cloths upon their face and hiding their identity either to commit offence or to disrobe the peace, therefore, the petitioner being juvenile and has committed an offence under Sec. 383 and 395 Penal Code deserves not indulgence.