JASVANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision petition under Sec. 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to be as the Act), the petitioner has sought bail in F.I.R. No. 123/2008 registered at Police Station, Kishanganj, District Baran.

(2.) It is contended by the learned counsel for the petitioner that in view of the provisions contained in Sec. 12 and other provisions of the Act, the bail application of the accused was required to be granted. It is contended that the provisions of the Act entitles a juvenile to be released on bail unless it is shown to the Court that juvenile will come in contract with the criminals or the circumstances stated in aforesaid section requires rejection of bail. It is also contended that as a matter of right the juvenile is to be granted bail and his trial is also required to be conducted separately. It is also contended that even after trial accused is found guilty then also capital punishment cannot be passed against the juvenile. In the last, it is contended that neither the trial court nor the appellate court considered the mandatory requirement of Sec. 12 of the Act.

(3.) On the other hand, the learned Public Prosecutor contends that in view of offences alleged to have been committed under section 306 & 307 I.P.C. the accused petitioner was not entitled to be released on bail.