ASHOK CHAUHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Aggrieved by the denial of bail, both by the Juvenile Justice Board ('the Board', for short), vide order dated 07.08.2009 and by the Sessions Judge, vide order dated 12.08.2009, the petitioners have approached this Court.

(2.) Briefly stated the facts of the case are that on 27.07.2009, on a Parcha Bayan of Fateh chand, a FIR, FIR No.292/2009 was registered for offences under Sections 147, 148, 149, 341, 323, 302 IPC against the petitioners. Since both the petitioners, who were minor, were named in the FIR and since overt acts were assigned to them in the FIR, they were arrested by the Police. Subsequently, they filed an application for being released on bail under Section 12 of the Juvenile Justice (Protection of Children) Act, 2000 ('the Act', for short) before the learned Chief Magistrate and Juvenile Justice Board. However, vide order dated 07.08.2009, the said application was dismissed by the learned Board. Thereafter, the petitioners filed an appeal before the learned Sessions Judge. However, vide order dated 12.08.2009, the learned Judge dismissed the said appeal. Hence, this petition before this Court.

(3.) Mr. Sudarshan Laddha, the learned counsel for the petitioners, has vehemently contended that Section 12 of the Act bestows an unqualified right on the juvenile to be released on bail. Therefore, the said bail could not be denied either by the learned Board, or the by learned Judge. In order to buttress this contention, he has relied upon the cases of Chitarlal S/o Radheylal v. The State of Rajasthan, 2008 WLC (Raj.) UC 200 , Inder Raj & Anr. v. State, 2005 WLC (Raj.) UC 748 , Mahesh Soni v. State, 2007 (1) WLC (Raj.) 156 , Tara Chand v. State of Rajasthan, 2007 (4) WLC (Raj.) 208 , Kamlesh v. The State of Rajasthan, 2004 WLC (Raj.) UC 256 and Satish & Ors. v. State of Rajasthan, 2003 WLC (Raj.) UC 652 .