RAJU RAM @ RAJESH BANJARA S/O SHRI ISHWAR LAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2016-12-102
HIGH COURT OF RAJASTHAN
Decided on December 14,2016

Raju Ram @ Rajesh Banjara S/O Shri Ishwar Lal Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) This criminal revision petition under section 102 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'the Act of 2015') is directed against the order dated 29.11.2016 passed by learned Sessions Judge, Jalore (for short 'the appellate court' hereinafter), whereby the appeal filed by the petitioner through his natural guardian against the order dated 28.11.2016 passed by Principal Magistrate, Juvenile Justice Board, Jalore (for short' the trial court' hereinafter) on an application under section 12 of the Act of 2015, whereby the prayer for releasing the juvenile on bail was dismissed.
(2.) Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case. It is also argued that as per section 12 of the Act of 2015, the petitioner is liable to be released on bail, however the trial court as well as the appellate court without any reason have rejected the bail application and the appeal respectively filed on behalf of the petitioner.
(3.) Learned Public Prosecutor has opposed the bail application, however, placed on record the conduct reports of the petitioner submitted by Probation Officer as well as by SHO Bhinmal, wherein it is mentioned that no other criminal case is pending against the petitioner and the general conduct of the petitioner is good. Section 12(1) of the Act of 2015 reads as under: "When any person accused of a bailable or non-bailable offence, and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a Probation Officer or under the care of any fit institution or fit person but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.