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2016 Supreme(Raj) 921

GOVERDHAN BARDHAR
Bhairu Singh S/o Laxman Singh Through His Guardian Uncle – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mr. Vineet Jain, Advocate
For the Respondent: Mr. R.K. Bohra, P.P.

JUDGMENT

Goverdhan Bardhar, J.

Heard learned counsel for the petitioner (a juvenile-through his guardian Uncle) as well as learned Public Prosecutor appearing on behalf of the respondent-State.

2. The allegation against the petitioner is under Sections 376, 243, 342, 323 & 363 IPC and Section 3 & 4 of POCSO Act. The bail application filed by the petitioner under Section 12 of the Act of 2015 before Principal Magistrate, Juvenile Justice Board, Rajsamand was rejected vide order dated 03.08.2016. Being aggrieved by the said order, an appeal under Section 52 of the Act of 2015 was filed by the petitioner before the Sessions Judge, Rajsamand (hereinafter "the Appellate Court") and the same has been dismissed by learned Appellate Court vide impugned order dated 10.08.2016. Dissatisfied by the orders dated 03.08.2016 and 10.08.2016 passed by the Courts below, the petitioner has preferred this revision petition before this Court.

3. Learned counsel for the petitioner vehemently submitted that impugned orders passed by the Courts below are illegal, unsustainable in the eyes of law and totally against the provisions of law. Learned Courts below have not appreciated the fact that the petitioner










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