- (1.) THIS criminal revision petition has been filed under Section 53 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (for short 'the Act') against the order dated 19.4.2010 passed by learned Sessions Judge, Bharatpur in Criminal Appeal No.42/2010 whereby the appeal filed against the order dated 29.3.2010 of Juvenile Justice Board, Bharatpur rejecting the IInd bail application filed under Section 12 of the Act in Criminal Case No.138/2009 for offence under Sections 395, 396 and 201 IPC, had been dismissed.
(2.) HEARD learned counsel for the petitioner, learned Public Prosecutor for the State and perused the impugned order. Briefly stated, facts of the case are that on 26.5.2009 at 8.00 a.m. Girdhari was telephonically informed by Damodar that some unknown persons after killing his son Deewan Singh, had fled with his tractor. On this information, FIR No.82/2009 was registered in Police Station Halena under Sections 302, 392 and 201 IPC. The revisionist being a juvenile, after being taken into custody was remanded to Juvenile Home on 15.6.2009. His IInd bail application was dismissed by the Juvenile Justice Board, Bharatpur vide order dated 29.3.2010. Appeal preferred before the learned Sessions Judge, Bharatpur against the said order, was also dismissed vide impugned order. The learned Sessions Judge while dismissing the appeal preferred on behalf of juvenile, observed that the petitioner along with other accused persons was involved in commission of serious offences and the circumstances showed that by his release, there was all possibility of his coming into association with known criminals and expose him to moral, physical or psychological danger and that his release would defeat the ends of justice.
(3.) PETITIONER's father, present in the court was also heard. Opposing the petitioner, the learned Public Prosecutor submitted that besides the present case registered at Police Station Halena, there were other two cases registered against the petitioner along with same set of co-accused at Salaimpur and Bhusawar police stations being 82/2009 and 149/2009 respectively, for offences under Sections 457/380 and 386, 352, 504/34 IPC. Further that co-accused Mukesh and Rajendra, were common with petitioner in the three cases. The learned counsel for the petitioner, on the other hand, argued that in the case registered on FIR No.82/2009 at Salaimpur, the petitioner had been acquitted in March 2010. ;