Rajasthan High Court - Jodhpur
X vs State Of Rajasthan (2024:Rj-Jd:10292) on 28 February, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:10292]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 108/2024
X S/o Kailash Chandra, Aged About 15 Years, R/o Kumhar
Mohalla, Antali P.s. Shambugarh, Dist. Bhilwara Through His
Natural Guardian Mother Smt Matra Devi W/o Kailash Chandra
R/o Kumhar Mohalla, Antali P.s. Shambugarh, Dist. Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mahadev S/o Bheru Jat, R/o Antali P.s. Shambugarh, Dist.
Bhilwara.
----Respondents
For Petitioner(s) : Mr. RDSS Kharlia
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/02/2024
Instant cr. misc. application has been filed by the petitioner-
applicant seeking correction in the order dated 23.02.2024 passed
by this Court in SB Cr. Revision Petition No.1622/2023 whereby
the revision petition was allowed and the Juvenile was ordered to
be released on bail.
Counsel for the petitioner-applicant submits that
inadvertently due to typographical error, in the subject matter of
the case he has not mentioned the details of the order of Principal
Magistrate, Juvenile Justice Board, Paldi, Dist. Bhilwara rejecting
the bail of the petitioner. Counsel submits that the aforesaid error
also crept in the order dated 23.02.2024 passed by this Court.
Therefore, it is prayed that necessary correction be made in the
order dated 23.02.2024, passed by this Court.
In view of above submissions made and for reasons stated in
the application, the application is allowed. The order dated
[2024:RJ-JD:10292] (2 of 4) [CRLMA-108/2024]
23.02.2024 passed in SB Cr. Revision Petition No.1622/2023 is
hereby modified and now be read as under :
"Heard learned counsel for the petitioner (juvenile- through
his natural guardian) as well as learned Public Prosecutor.
The allegation against the petitioner is of offence under
Section 302 of IPC. The bail application filed by the petitioner
under Section 102 of the Juvenile Justice Act 2015 before learned
Principal Magistrate, Juvenile Justice Board, Paldi, District
Bhilwara was rejected vide order dated 08.11.2023. Being
aggrieved by the said order, an appeal was filed by the petitioner
before the learned Sessions Judge, Bhilwara in Criminal Appeal
No.239/2023 and the same has been dismissed by learned
Appellate Court vide impugned order dated 20.11.2023.
Being aggrieved of the orders dated 08.11.2023 and
20.112023 passed by the Courts below, the petitioner has
preferred this revision petition before this Court.
Learned counsel for the petitioner submits that no specific
allegation has been made against the petitioner for inflicting
injuries to the deceased and no recovery was made from the
possession of the petitioner. Recovery was made from co-accused
Kailash Chandera. Challan has already been presented and no
investigation is pending. Further, the petitioner is below 18 years
of age and there is no evidence to show that if the juvenile-
petitioner is released on bail, then his release is likely to bring him
into association with any known criminal, or expose them to
moral, physical or psychological danger, or that his release would
defeat the ends of justice. It is argued that learned Courts below
have not appreciated the fact that the petitioner is juvenile and
[2024:RJ-JD:10292] (3 of 4) [CRLMA-108/2024]
entitled to get benefit of provisions of the Act of 2015. Section 12
of the Act of 2015 clearly provides that if the accused is juvenile,
then he should be released on bail, but learned Courts below fully
ignored the provisions of the Act of 2015. The petitioner is in
juvenile home and trial of the case is yet pending and no further
detention of the petitioner is required for any purpose. Learned
counsel for the petitioner further submitted that the gravity of the
offence committed cannot be a ground to decline bail to a
juvenile.
On the other hand, learned Public Prosecutor defended the
impugned order passed by the Juvenile Justice Board in declining
the bail to the petitioner as also the judgment passed by the
Appellate Court upholding the order passed by the Juvenile Justice
Board.
I have carefully considered the submissions made by the
learned counsel for the parties and also perused the provisions of
the Act of 2015.
The language of Section 12 of the Act of 2015 conveys the
intention of the Legislature to grant bail to the juvenile,
irrespective of nature or gravity of the offence, alleged to have
been committed by him and bail can be denied only in the case
where there appears 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 ends of justice.
In this context, I have also scanned through and perused the
orders passed by the courts below.
[2024:RJ-JD:10292] (4 of 4) [CRLMA-108/2024]
Having carefully examined provisions of the Juvenile Justice
Act vis-a-vis the orders passed by the courts below, I do not find
that any of the exceptional circumstances, to decline bail to a
juvenile, as indicated in Section 12 of the Act of 2015, is made
out.
In view of the aforesaid discussion, this revision petition is
allowed and the order dated 08.11.2023 passed by the learned
Principal Magistrate, Juvenile Justice Board, Paldi, District
Bhilwara as well as order dated 20.11.2023 passed by the learned
Sessions Judge, Bhilwara, declining bail to the petitioner is hereby
set aside.
It is ordered that the accused-petitioner Juvenile K S/o
Kailash Chandra shall be released on bail in FIR No.174/2023
Police Station Shambhugarh, District Bhilwara upon furnishing a
personal bond by his natural guardian in the sum of Rs.1,00,000/-
each along with a surety in the like amount to the satisfaction of
learned Principle Magistrate, Juvenile Justice Board, Paldi, District
Bhilwara; with the stipulation that on all subsequent dates of
hearing, he shall appear before the said court or any other court,
during pendency of the investigation/trial in the case and that his
guardian shall look after the delinquent child and secure him away
from the company of known criminals."
(MANOJ KUMAR GARG),J
2-GKaviya/-
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