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2009 Supreme(Raj) 2366

R.S.CHAUHAN
Ashok Chauhan – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioners:Sudarshan Laddha, Advocate.
For the Respondent: Javed Chaudhary and Public Prosecutor.

JUDGMENT

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 petitione
















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