Citation : 2025 Latest Caselaw 7929 Raj
Judgement Date : 25 February, 2025
[2025:RJ-JD:11004]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 1440/2024
X S/o Paresh, Aged About 13 Years, S/o Meetha, Through His
Natural Guardian Father Shri Paresh S/o Meetha, Aged 50 Years,
R/o Bhongapura, P.s. Sallopat, Distt. Banswara (Raj.). (Presently
Lodged At Observation Home, Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ram Prasad Singaria
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
25/02/2025 Heard learned counsel for the petitioner (juvenile - through
his natural guardian) as well as learned AAG.
The allegation against the petitioner is of offences under
Sections 302 and 201/34 of IPC. The bail application filed by the
petitioner under Section 12 of the Juvenile Justice Act, 2015
before learned Principal Magistrate, Juvenile Justice Board,
Banswara was rejected vide order dated 13.08.2024. Being
aggrieved by the said order, an appeal was filed by the petitioner
before the learned Special Judge, Children Court, Banswara and
the same has been dismissed by learned Appellate Court vide
impugned order dated 29.08.2024.
Learned counsel for the petitioner submits that all the
prosecution witnesses have already been examined before the trial
[2025:RJ-JD:11004] (2 of 2) [CRLR-1440/2024]
court and case has been fixed for final arguments, but the trial
court is awaiting the DNA Report of the petitioner. Counsel further
submits that petitioner has been in juvenile observation home and
has languishing in jail for a long period. Thus, it is prayed that the
petitioner may be released on bail during pendency of trial and
orders passed by the courts below may kindly be quashed and set
aside.
Learned AAG has opposed the submissions made by the
counsel for the petitioner and prayed for dismissal of the revision.
Heard learned counsel for the parties and perused the
impugned orders passed by the courts below as well as carefully
gone through the material available on record.
Taking into consideration the facts and circumstances of the
case, this Court is not inclined to enlarge the juvenile-petitioner on
bail, however, considering the fact that the juvenile-petitioner is
confined to the juvenile observation home for last about one year
and all the prosecution witnesses have been examined, therefore,
the trial court is directed to hear the final arguments and conclude
the trial within a period of one and a half month. A copy of this
order be sent to the trial court forthwith.
The present criminal revision petition stands disposed of.
Stay application also stands decided.
(MANOJ KUMAR GARG),J 24-mSingh/-
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