1. - Heard the counsel for the petitioner as well as the learned Public Prosecutor.

2. It is submitted by the learned counsel for the petitioner that an application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 was filed before the Principal Magistrate, Jodhpur but the same was rejected by the Juvenile Justice Board, Jodhpur vide his order dated 05.01.2015 in spite of the report furnished by the Probation Officer and thereafter, the petitioner challenged the validity of the said order by way of an appeal before the learned Sessions Judge, Modhpur Metropolitan, who also dismissed the said appeal vide his order dated 12.01.2015. The learned counsel for the petitioner submits that as per the allegation against the petitioner, no injury was inflicted by him to the deceased Shobha Ram and the injury caused by the petitioner is of simple nature. It is further submitted by the counsel for the petitioner that the petitioner is pursuing a diploma course in Mechanical Branch from polytechnic college and therefore while quashing both the orders dated 02.01.2015 passed by the Juvenile Justice Board, Jodhpur and order dated 05.01.2015 passed by Learned Sessions Judge, Jodhpur Metropolitan, the petitioner may be enlarged on bail.

3. The learned Public Prosecutor vehemently opposed the prayer of the petitioner and submits that it is a case in which the petitioner was involved in giving beatings to the deceased with co-accused and due to his participation in the said incident, one person namely Sobha Ram died and thus, the petitioner is not entitled for any relief from this Court.

4. After hearing learned counsel for the petitioner as well as learned Public Prosecutor, I have perused the report of the probation officer which reads as under:-

"ifjoh{kk vf/kdkjh dh flQkfj'k %& ;|fi 'kksHkkjke ds iq= egsUnz }kjk ckyd dh vfHkj{kok ls tekur ij vkifRr trkbZ xbZ gSA ijUrq ckyd o ifjokjtu ij iwoZ esa dksbZ izdj.k ntZ gksuk Kkr ugha gksus rFkk ljiap o iM+kSfl;ksa dk Hkh ekuuk gS fd ckyd dh O;fDrxr :i esa fdlh ls nq'euh ugha jgh gSA budh n`f"V esa ckyd dk pky&pyu Bhd gS rFkk leizs{k.k x`g esa ckyd dk pky&pyu o O;ogkj Bhd gS rFkk ckyd x`g ds lkekU; fu;eksa dk ikyu dj jgk gSA ckyd dh ekrk o cfgu us crk;k dh ckyd ds firk o cM+s HkkbZ mDr ekeys es tsy esa cUn gksus ds dkj.k ifjokj esa ckyd dh vko';drk dkQh eglwl dh tk jgh gSA pwafd ckyd v/;;ujr gSA vfHkjf{kr gksus ds dkj.k viuk dkslZ iwjk ugha dj ldkA viuk dkslZ iqu% izkjEHk djuk pkgrk gSA mDr izdj.k dks Hkh dkQh le; gks x;k gSA vr% ckyd dk pky&pyu Bhd gksus rFkk ckyd ds ifjokj dh ns[kHkky o Hkfo"; dks /;ku esa j[krs gq, tekur dh flQkfj'k dh tkrh gSA"
After considering the entire facts of the case, this revision petition is allowed and the order dated orders dated 02.01.2015 passed by the Juvenile Justice Board, Jodhpur and order dated 05.01.2015 passed by Learned Sessions Judge, Jodhpur Metropolitan are hereby quashed and set aside and it is ordered that the petitioner Ram lal S/o Shri Mohan Ram may be released on bail upon furnishing personal bond of his mother being natural guardian in the sum of Rs. 50,000/- along with two sureties in the sum of Rs. 25,000/- each to the satisfaction of the Juvenil Justice Board, Jodhpur.

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