OM PRAKASH @ OMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Miscellaneous Bail Cancellation Application has been filed by the complainant Om Prakash under Section 439(2) Cr.P.C. to quash the Order dated 19.12.2014 passed by the Sessions Judge, Jodhpur Metropolitan, Jodhpur in Criminal Case No. 735/203,2 whereby an Application filed by the petitioner for cancellation of bail of Vijay Kumar S/o Jaga Ram dated 25.8.2010 whereby Vijay Kumar granted bail by the Sessions Judge, Jodhpur Metropolitan, Jodhpur.

(2.) The learned Counsel for the complainant-petitioner submits that F.I.R. No. 40/2007 was registered against the respondent Vijay Kumar at Police Station Osiyan under Sections 363, 366 and 376(2)(g) I.P.C. in which a specific allegation of committing offence of rape was levelled against Vijay Kumar, but while considering him a juvenile, the Sessions Judge granted bail to the respondent but Vijay Kumar was not juvenile.

(3.) The complainant preferred S.L.P. before Hon'ble Supreme Court and vide Judgment reported in 2012 Cr.L.R. (SC) 407, the Hon'ble Supreme Court held that the accused-respondent Vijay Kumar was not juvenile on the date of occurrence and gave clear cut finding that accused was 19 years of age on the date of incident, therefore, an application was filed before the learned Sessions Judge, Metropolitan, Jodhpur for cancellation of bail of accused respondent Vijay Kumar under Section 439(2) of Cr.P.C., but the learned Sessions Judge, Jodhpur Metropolitan, Jodhpur rejected the said application for cancellation of bail vide Order dated 19.12.2014.