MAHESH SONI Vs. STATE

JUDGEMENT

(1.) THIS revision petition under Sec. 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (in short "Act of 2000") is directed against the order dated 21.7.2006 passed by the learned Special Judge, Dacoity Affected Area, Bharatpur, District Bharatpur in Criminal Appeal No. 48/2006 vide which the order dated 3.7.2006 passed by the learned Principal Magistrate, Juvenile Justice Board, Bharatpur in Cr.Case No. 214/2005 rejecting his application for bail has been upheld.

(2.) THE relevant facts are that on the basis of Parcha Bayan of one Rajesh Kumar, FIR No. 133/2005 came to be registered at P.S. Weir for offences under Sections 143, 307, 341 and 504 IPC about an incident which took place on 13.8.2005 wherein petitioner is alleged to have caused a gun shot injury to the complainant as a result of which he ultimately died and an offence under Section 302 IPC and Sec. 3/25 of the Arms Act were added. THE petitioner being a juvenile applied to the concerned Juvenile Justice Board for bail which was turned down. THE appeal preferred by and on his behalf was also dismissed. Hence, this revision petition.

(3.) CONSEQUENTLY, this revision petition is allowed and the order dated 21.7.2006 passed by the learned Special Judge, Dacoity Affected Area, Bharatpur as well as order dated 3.7.2006 passed by the learned Principal Magistrate, Juvenile Justice Board, Bharatpur are quashed and set-aside. It is directed that petitioner Mahesh Soni S/o Mohan Lal Soni shall be released on bail in F.I.R. No. 133/2005 P.S. Weir, District Bharatpur for offences u/Ss. 143, 307, 341, 504 and 302 IPC on his furnishing a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the learned Juvenile Justice Board, Bharatpur with the stipulation to appear before that Board unless otherwise directed.