Puneet Meena vs State of Rajasthan

Mahesh Chandra Sharma, J.—This revision petition has been filed by the juvenile delinquent Puneet Meena through his mother Hansa Devi W/o Shri Ashok Kumar Meena, u/s 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dated 19.10.2013 passed by Sessions Judge, Alwar in Cr. Appeal No. 288/2013 by which the appeal filed by the juvenile delinquent has been dismissed and the order dated 7.10.2013 passed by Principal Magistrate, Juvenile Justice Board, Alwar dismissing the bail application filed by Juvenile delinquent u/s 12 of Juvenile Justice Act, has been affirmed. Brief facts of the case are that on 27.12.2012 at 4.15 PM, the complainant Ramniwas Meena S/o. Bhola Ram submitted a written report at Police Station, Reini, District Alwar alleging therein that in the night between 22nd and 23rd October, 2012, a theft was committed in the house of Kailash S/o. Dhanpal Meena at Jamdoli. On the basis of the said written report, a First Information Report No. 222/2012 was lodged for the offence under Sections 147, 149, 341, 323, 380, 379, 411, 302, 109, 120B and 427 IPC; and the juvenile delinquent was arrested by the police.

Thereafter an application u/s 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 was filed by the mother of the juvenile for custody of the juvenile delinquent. The said application was rejected on 7.10.2013. Against the said order dated 7.10.2013, the juvenile delinquent preferred an appeal u/s 52 of the Juvenile Justice (Care & Protection of Children) Act, 2000 in the Court of Sessions Judge, Alwar, but the same was also dismissed vide order dated 19.10.2013. Against the said order, this revision petition has been preferred.

Heard learned counsel for the respective parties and carefully perused the relevant material on record.

Upon hearing the arguments of the counsel for the Juvenile delinquent and the Public Prosecutor, in my view the juvenile Puneet Meena S/o. Shri Ashok Kumar deserves be released on bail.

Hence, this revision petition is allowed; the impugned orders are set-aside and juvenile Puneet Meena S/o. Shri Ashok Kumar is ordered to be released on bail, provided his mother Smt. Hansa Devi W/o Shri Ashok Kumar Meena submits a bail bond in the sum of Rs. 1,00,000/- (Rs. One Lakh) with two sureties in the amount of Rs. 50,000/- (Rs. Fifty Thousand) each to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Alwar with the stipulation that she will produce the Juvenile before the Juvenile Justice Board, Alwar on all dates of hearing and as and when she is called upon to do so during the pendency of enquiry. Stay application also stands disposed of accordingly.