DHARAMVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second bail petition filed on behalf of the petitioner Dharmveer whose earlier bail petition was rejected by this court vide its order dated 23.7.96 passed in Cr. Misc. Bail Petition No, 3453/96. in that order, that the learned trial judge was directed to conduct an enquiry under Sec. 32 of Juvenile justice Act for determination of the age of the petitioner. Learned trial judge by his order dated 15.10.97 had rejected the application of the petitioner filed under Sec. 32 of the Act. Thereafter the learned Single Bench of thus court vide its order dated 2nd Nov. 1997 passed in S.B. Cr. Misc. Petition No. 421/97 set-aside the said order. Thereafter an opportunity as granted to the petitioner to lead evidence for determination of his age by this court vide order dated 27.1.98. In pursuance thereof the trial judge after conducting the enquiry and recording the evidence vide its order dated 4.2.98 has now held that on the date of incident i.e. 14.2.96, the petitioner Dharmveer was below 16 years of age and as such he was a juvenile offender and SHO police Khetri Nagar was directed to file separate challan against the petitioner in the juvenile court.

(2.) Since the petitioner was a juvenile offender on the date of incident, keeping in view all the facts and circumstances of the case this second bail petition is allowed and it is ordered that the petitioner Dharmveer shall be released on bail provided he executes his personal bond in a sum of Rs. 20,000.00 with two sureties in the sum of Rs. 10,000.00 each to the satisfaction of learned Presiding Officer of Juvenile Court, Jaipur, Jaipur for his appearance before him in Criminal Case arising out of FIR 25/96 PS Khetri Nagar on each and every date of hearing and whenever called upon to do so. Bail Allowed.