LAWS(RAJ)-2008-5-226

OMPRAKASH Vs. STATE OF RAJASTHAN

Decided On May 02, 2008
OMPRAKASH Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The present criminal revision petition under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short the Act of 2000') is directed against the order dated 8.4.2008 passed by the Sessions Judge, Sikar in Appeal No. 42/2008 in relation to F.I.R. No. 42/1983 registered at Police Station Raghunathgarh, District Sikar for the offence under Sec. 461 I.P.C., by which the bail application of the accused-petitioner has been rejected.

(2.) Brief facts of the case are that first information report was lodged against the petitioner and some other persons for the offence under Sec. 461 I.P.C. Thereafter both the parties have entered into a compromise. Since the petitioner was juvenile at the time of lodging of F.I.R., therefore, his case was sent to the Juvenile Justice Board. During pendency of the criminal case, both the parties have entered into a compromise and all the persons were acquitted except the petitioner as his case was pending before the Juvenile Justice Board. After acquittal of his family members, the petitioner was under the impression that the criminal case is over and, therefore, he did not appear before the Juvenile Justice Board. On 4.9.1992, bail bonds of the petitioner were forfeited by the Juvenile Justice Board and non-bailable warrant was issued him. When the petitioner came to know about non-bailable warrant, he surrendered himself before the Court concerned and moved regular bail application under Sec. Sec. 437 Crimial P.C. but the same was dismissed vide order dated 3.4.2008.

(3.) Against the order dated 3.4.2008, the petitioner filed an appeal before the Sessions Judge, Sikar but the same has also been dismissed and his bail application has been rejected vide order impugned dated 8.4.2008. Being aggrieved and dissatisfied with the order impugned dated 8.4.2008, the present criminal revision petition has been filed by the petitioner.