Mohd. Lias Vs. State - Court Judgment

SooperKanoon Citationsooperkanoon.com/693249
SubjectCriminal
CourtDelhi High Court
Decided OnMay-24-1993
Case NumberCriminal Miscellaneous (Main) Appeal No. 682 of 1993
JudgeSat Pal, J.
Reported in1994CriLJ1436; 51(1993)DLT89
ActsCode of Criminal Procedure (CrPC) , 1973 - Sections 439
AppellantMohd. Lias
RespondentState
Advocates: P.K. Bhardwaj,; A.K. Sharma and; H.P. Sharma, Advs
Cases Referred and Ram Inder v. State.
Excerpt:
- - 15.000.00 with one surety in the like amount to the satisfaction of the court concerned.sat pal, j.(1) this is petition for grant of bail under section 439 of code of criminal procedure.(2) mr. bhardwaj, the learned counsel for the petitioner submitted that the petitioner is a juvenile as defined in the juvenile justice act (in shortact) and as such he was entitled to be released on bail, as his case does not fall under any of the exceptions mentioned in section ) 8 of the act. in support of his contention learned counsel placed reliance on two judgments of this court reported in the case of arjun v. the state, : 24(1983)dlt65 and ram inder v. state. 1 (1992) ccr 918. learned counsel for the petitioner also submitted that the petitioner was not a previous convict.(3) mr. h.p. sharma, learned counsel appearing on behalf of the state could not point out any fact to show that the present case falls under any of the exceptions mentioned in section 18 of the act.(4) keeping in view the aforesaid circumstances, i am of the opinion that it is a fit case for grant of bail to the petitioner. accordingly, i direct that the petitioner be released on bail on his furnishing a bail bond in the sum of rs. 15.000.00 with one surety in the like amount to the satisfaction of the court concerned.with this order petition stands disposed of. dusty.
Judgment:

Sat Pal, J.

(1) This is petition for grant of Bail under Section 439 of Code of Criminal Procedure.

(2) Mr. Bhardwaj, the learned Counsel for the petitioner submitted that the petitioner is a juvenile as defined in the Juvenile Justice Act (in shortAct) and as such he was entitled to be released on bail, as his case does not fall under any of the exceptions mentioned in Section ) 8 of the Act. In support of his contention learned Counsel placed reliance on two judgments of this Court reported in the case of Arjun v. The State, : 24(1983)DLT65 and Ram Inder v. State. 1 (1992) Ccr 918. Learned Counsel for the petitioner also submitted that the petitioner was not a previous convict.

(3) Mr. H.P. Sharma, learned Counsel appearing on behalf of the State could not point out any fact to show that the present case falls under any of the exceptions mentioned in Section 18 of the Act.

(4) Keeping in view the aforesaid circumstances, I am of the opinion that it is a fit case for grant of bail to the petitioner. Accordingly, I direct that the petitioner be released on bail on his furnishing a bail bond in the sum of Rs. 15.000.00 with one surety in the like amount to the satisfaction of the Court concerned.With this order petition stands disposed of. dusty.