Sunil Vs. State of Rajasthan - Court Judgment

Excerpt:
criminal procedure code - section 438--anticipatory bail--injury on thigh--matter compromised and injured not interested to prorecute case--held, court is inclined to grant bail under section 438.;the injury is on the thigh. it further appears that the injured ram charan has submitted an application before the addl. sessions judge, hindaun to the effect that he has compromised the matter with the accused-persons and he is not interesting in prosecuting the case.;i am inclined to grant bail to the petitioner under section 438 cr.p.c.;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. - five thousands) with one surety in the like amount to the satisfaction of the sho, to appear before him for interrogation as and when called upon to do so during the pendency of investigation/trial against him.n.l. tibrewal, j.1. heard teamed counsel for the petitioner and the learned public prosecutor. case diary perused. from the case dirty, it does not appear that the injury sustained by ram charan was subsequently found to be grievous or dangerous to life, the injury is on the thigh. it further appears that the injured ram charan has submitted an application before the addl. sessions judge, hindaun to the effect that he has compromised the matter with the accused-persons and he is not interested in prosecuting the case.2. taking into consideration all the facts and circumstances of the case, i am inclined to grant bail to the petitioner under section 438 cr.p.c.3. it is, therefore, ordered that the petitioner sunil s/o shri ram dayal, if sought to be arrested by the sho, ps-hindaun in pursuance to fir no. 300/92, he shall be released on bail by the sho/io concerned on his furnishing a personal bond in the sum of rs. 5,000/- (rs. five thousands) with one surety in the like amount to the satisfaction of the sho, to appear before him for interrogation as and when called upon to do so during the pendency of investigation/trial against him.