NIHAL MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioners Nihal Mohammed, Kasim Ali and Kamil Ali, juveniles in conflict with law have preferred instant revision petition under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter to be referred as 'the Act') challenging the order dated 17.12.2014 passed by the learned Principal Magistrate, Juvenile Justice Board, Tonk in FIR No.293/2014 of Police Station Kotwali Tonk, whereby the application for grant of bail moved on behalf of the petitioners have been rejected. The petitioners have also challenged the order dated 23.12.2014 passed by the learned Additional District and Sessions Judge, Tonk in Criminal Appeal (77/2014) 23/2014, by which the appeal preferred on behalf of the petitioners have been dismissed.

(2.) THE brief facts of the case are that on 05.10.2014 Shibo @ Shahbano lodged a report at Police Station Kotwali Tonk, District Tonk against fifteen accused persons including the petitioners, wherein it was alleged that the accused persons including the three petitioners had caused serious injuries to Shakir. On the basis of the said report, a FIR No.293/2014 for the offence under Sections 147, 148, 149, 323, 452 and 307 IPC was registered. On the death of Shakir Section 302 IPC was added. Thereafter charge sheet was filed against the accused persons including the three petitioners for the offence under Sections 147, 148, 149, 323, 460, 427 and 302 IPC.

(3.) IT has been the contention of the learned counsel for the petitioners that there is no material available on record to justify declining bail to the petitioners, 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 bail to the petitioners.