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Mukesh vs State

Rajasthan High Court · Decided on 12 January 2009 · Citation: (2009) 01 RAJ CK 0015

HON’BLE JUDGES
M.C. Sharma, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 307, 323
CASE NUMBER
Criminal Revision Petition No. 36 of 2009
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Judgment

6 paragraphs · 370 words

Mahesh Chandra Sharma, J.—This revision petition has been filed by the petitioner u/s 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 read with section 397/401 Cr. P.C. against the order dated 24.12.2008 passed by District & Sessions Judge, Baran in Cr. Appeal by which the appeal filed by the petitioner has been dismissed and against the order dated 22.12.2008 passed by Principal Magistrate, Juvenile Justice Board, Baran in relation to FIR No.75/08 registered at Police Station Harnavdasahji for the offence u/Ss.307, 336, 323, 34 IPC whereby the application filed by the petitioner u/s 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 has been rejected.

2.

Brief facts of the case are that the complainant submitted an FIR No. 75/08 registered at Police Station Harnavdasahji for the offence u/Ss. 307,336,323,34 IPC. Thereafter, the petitioner moved his bail application before the Principal Magistrate, Juvenile Justice Board, Baran but the same was rejected vide order dated 22.12.2008.

3.

Against the said order of Principal Magistrate, Juvenile Justice Board, Baran dated 22.12.2008, the petitioner filed a Cr. Appeal before District & Sessions Judge, Baran which has also been dismissed vide order dated 24.12.2008. Against the said order, this revision petition was preferred.

4.

In this revision petition Mr. A.M. Khan, Counsel for the petitioner has placed reliance upon an order passed by this Court in S.B. Criminal Revision Petition No. 895/ 2008, Rakesh v. State of Rajasthan in which benefit of bail to accused Rakesh has been given and his prayer is very simple that the case of the present petitioner is not distinguishable to that of accused person i.e. Rakesh. Learned PP opposed the petition.

5.

For these reasons, I accept the petition of the petitioner provided he furnishes a personal bond through his natural guardian in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Baran with the stipulation that on the subsequent date of hearing he shall appear before the said court and any other date during the pendency of enquiry and the guardian shall keep proper look after the petitioner.

6.

Hence, this revision petition is disposed of accordingly.