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2014 Supreme(Raj) 755

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mahesh Chandra Sharma, J.
Bhuru Bheel @ Buru Bheel - Juvenile delinquent
Versus
State of Rajasthan - Respondent
S.B. Criminal Revision Petition No. 46 of 2014
Decided On : 09-01-2014

Advocates Appeared:
For the Juvenile delinquent : Abdul Kalam Khan
For the State : Peeyush Kumar

Headnote:Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 - Protection of Children from Sexual Offence Act, 2012, Section 4 - Indian Penal Code, Sections 363, 366 and 376 - The juvenile is held entitled to bail and the court below has wrangle rejected the request of bail to him - Petition is permitted.

       

JUDGMENT :

Mahesh Chandra Sharma, J.

This revision petition has been filed by the juvenile delinquent Bhuru Bheel @ Buru Bheel through his father Kanti Lal, under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 against the order dated 29.11.2013 passed by Sessions Judge, Kota in Cr. Appeal No. 369/2013 by which the appeal filed by the juvenile delinquent has been dismissed and the order dated 28.11.2013 passed by Principal Magistrate, Juvenile Justice Board, Kota dismissing the bail application filed by Juvenile delinquent under Section 12 of Juvenile Justice Act, has been affirmed.

2. Brief facts of the case are that on 27.9.2013, complainant Nathu Lal submitted FIR before the police Station, Itawa for the offence under Sections 363, 366, 376 IPC and Section 4 of Prevention of Children from Sexual Offences Act. During investigation, the juvenile delinquent was arrested by the police.

3. Thereafter an application under Section 12 of the Juvenile Justice (Care & Protection of Children) Act, 2000 was filed by the father of the juvenile for custody of the juvenile delinquent. The said application was rejected on 28.11.2013. Against the said order dated 28.11.2013, the juvenile delinquent preferred an appeal before the Court of Sessions Judge, Kota but the same was also dismissed vide order dated 29.11.2013. Against the said order, this revision petition has been preferred.

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

5. Upon hearing the arguments of the counsel for the Juvenile delinquent and the Public Prosecutor, in my view the juvenile Bhuru Bheel @ Buru Bheel S/o Kanti Lal deserves be released on bail.

6. Hence, this revision petition is allowed; the impugned orders are set-aside and juvenile Bhuru Bheel @ Buru Bheel S/o Kanti Lal is ordered to be released on bail, provided his father Kanti Lal S/o Shri Jabariya 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, Kota with the stipulation that he will produce the Juvenile before the Juvenile Justice Board, Kota on all dates of hearing and as and when he is called upon to do so during the pendency of enquiry.



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