Jag Ram Vs. State of Rajasthan

criminal procedure code - section 438--anticipatory bail--cross case relating to same incident--5 accused persons sustained injuries--civil suit and proceedings under section 107 pending--held, anticipatory bail be granted.;bail granted - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile or child was defined to mean a child who had not completed eighteen years of a ge which was given prospective prospect - appellant was about sixteen years of age on the date of commission of the alleged offence and had not completed eighteen years of age when the juvenile justice act, 2000, came into force - juvenile act, of 2000 has been given retrospective effect by rule 12 of juvenile justice rule, 2007 - as such, accused has to be treated as juvenile under the said act. - 5,000/- with one surety in the like amount to the satisfaction of the investigating officer, on the following conditions:n.m. kasliwal, j.1. heard learned counsel for the petitioner, learned public prosecutor and learned counsel for the complainant. it is contended by learned counsel for the petitioners that there is no injury which may be considered as dangerous to life. it is further submitted that a cross case of the same incident has been lodged by the petitioners and 5 persons out of the accused party have suffered injury by sharp edged weapons and blunt weapons on vital part. it has been further submitted that cases under section 107 cr.pc are pending in the criminal court and civil suits between the parties are also pending. learned public prosecutor was unable to show any injury which may have been described by the doctor as dangerous to life. learned counsel for the complainant on the other hand has submitted that the petitioner raghuveer has caused grievous injury by sharp edged weapon to basanta.2. without expressing any opinion on the merits of the case and looking into the facts and circumstances of the case, the application under section 438 cr.pc is allowed and it is directed that in the event of arrest of the petitioner jagram s/o ami chand and raghuveer s/o jhuntha in fir no. 70/87 of police station kotkasim, distt. alwar, they shall be released on bail, provided each of them furnishes a personal bond in the sum of rs. 5,000/- with one surety in the like amount to the satisfaction of the investigating officer, on the following conditions:(1) that they shall make themselves available for interrogation as and when required;(2) that they shall not tamper the witnesses who may be conversant with the facts of the case;(3) that they shall not leave india without prior permission.