Chitarlal vs The State of Rajasthan

Narendra Kumar Jain, J.—Heard learned counsel for the parties.

This revision petition, on behalf of the accused-petitioner, is directed against the impugned order dated 15.11.2007 passed by the District & Sessions Judge, Baran, dismissing the appeal of the petitioner against the order dated 05.11.2007 passed by the Juvenile Justice Board, Baran, dismissing the application of the petitioner for bail u/s 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.

It is contended on behalf of the petitioner that the investigation in the matter is complete and the prosecution has filed challan against the petitioner in the Juvenile Court treating him as juvenile. It is further contended that as per the prosecution case itself there is only one injury on the person of deceased, which has been attributed to two accused-persons, namely, petitioner Chitarlal and Lal Chand. He further submits that the petitioner is injudicial custody since 3rd September, 2007, therefore, he may be released on bail.

I have considered the submissions of learned counsel for both the parties and, after considering the same in the light of the impugned orders passed by both the courts below as well as the provisions of Section 12 of the Act of 2000,1 think it fit and proper to allow this revision petition and release the accused-petitioner on bail.

The revision petition is accordingly allowed. It is directed that petitioner Chitarlal s/o. Radheylal, Resident of Akodiya, Police Station Kishanganj, District Baran, (at present in Jail) be released on bail in FIR No. 115/2007 registered at Police Station Kishanganj, District Baran, on furnishing personal bond of Rs. 1,00,000/- of his natural father Shri Radheylal, with two sureties of Rs.50,000/- each to the satisfaction of the trial court.