MUNSHI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S. P. PATHAK, J. Both these revision petitions have been filed under Section 53 of the Juvenile Justice (Care of Protection of Children) Act, 2000 (hereinafter referred to as, the Act') read with Section 397 read with Section 401 of the Criminal Procedure code against the order dated 24th June, 2008 passed by the learned Additional sessions Judge No. 2, Alwar in Criminal appeal Nos. 8/2008 and 7/2008 whereby the order passed by the Principal Magistrate, juvenile Court, Alwar dated 18th June, 2008 has been upheld and bail has been declined to the accused-petitioners in a criminal case arising out of the first information report No. 116/2008 registered at police Station Bansoor, District Alwar for the offence under Sections 147,148,323,452 and 302 IPC.

(2.) IN these revision petitions, prayer has been made to quash and set aside the order dated 24th June,2008 passed by the learned additional Sessions Judge No. 2, Alwar in criminal Appeal Nos. 7/2008 and 8/2008 and the order dated 18th June, 2008 passed by the learned Principal Magistrate, Juvenile court, Alwar in Criminal Case arising out of FIR No. 116/2008 registered at Police Station Bansoor, district Alwar and to enlarge the accused-petitioners on bail.

(3.) THE necessary facts, for the purpose of disposal of both these revision petitions, are that an FIR No. 116/2008 was lodged at police Station Bansoor District Alwar for the offence under Sections 147, 148, 323, 452 and 302 IPC by complainant Krishan Singh. In the report it was alleged that on 18. 4. 2008 at about 7. 00 p. m. several persons armed with deadly weapons like sword, knife, pharsa etc. came at the shop of Giriraj Singh and attacked on him, as a result of which giriraj Singh died. On the basis of the above report a first information report was registered. The accused-petitioners were arrested by the police and thereafter they were produced before the learned Principal magistrate, Juvenile Court, Alwar who directed the petitioners to be sent to reformatory home, Alwar. Separate applications under Section 12 of the Act for the release of the petitioners on bail were moved before the learned Magistrate, Juvenile Court. Alwar but the same were rejected and the bail was declined. The appeals were preferred by both the petitioners separately under Section 52 of the Act and the same were dismissed by a common order on 24th june, 2008. Hence, the present revision petitions have been filed.