LALA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed by the juvenile delinquent Lala @ Laxmi Narayan through his father Banshi Lal, under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dt. 26.09.2013 passed by Sessions Judge, Sawai Madhopur in Cr. Appeal No. 95/2013 by which the appeal filed by the juvenile delinquent has been dismissed and the order dt. 14.08.2013 passed by Principal Magistrate, Juvenile Justice Board, Sawai Madhopur dismissing the bail application filed by Juvenile delinquent under Sec. 12 of Juvenile Justice Act, has been affirmed. Brief facts of the case are that on 22.04.2013, a written report was lodged by the complainant Om Prakash Mali and on the basis of the said report, FIR No. 271/2013 was registered at Police Station, Gangapur City, District Sawai Madhopur for the offence under Secs. 363, 366, 379 IPC. During investigation, the juvenile delinquent was arrested by the police.

(2.) THEREAFTER an application under Sec. 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 was filed by the father of the juvenile for custody of the juvenile delinquent. The said application was rejected by the Juvenile Justice Board vide order dt 14.08.2013. Against the said order dt. 14.08.2013, the juvenile delinquent preferred an appeal before the Court of Sessions Judge, Sawai Madhopur but the same was also dismissed vide his order dt. 26.09.2013. Against the said order, this revision petition has been preferred.

(3.) UPON hearing the arguments of the counsel for the Juvenile delinquent and the Public Prosecutor, in my view the juvenile Lala @ Laxmi Narayan S/o Banshi Lal deserves be released on bail. Hence, this revision petition is allowed; the impugned orders are set -aside and juvenile Lala @ Laxmi Narayan S/o Banshi Lal is ordered to be released on bail, provided his father Banshi Lal S/o Gopal 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, Sawai Madhopur with the stipulation that he will produce the Juvenile before the Juvenile Justice Board, Sawai Madhopur on all dates of hearing and as and when he is called upon to do so during the pendency of enquiry.