Rajesh Kumar Vs. State of Rajasthan - Court Judgment

SooperKanoon Citationsooperkanoon.com/763207
SubjectCriminal
CourtRajasthan High Court
Decided OnMar-08-1989
Case NumberS.B. Cr. Misc. Application No. 100 of 1989
JudgeMohini Kapoor, J.
Reported in1989WLN(UC)155
AppellantRajesh Kumar
RespondentState of Rajasthan
DispositionPetition allowed
Excerpt:
juvenile justice act, 1986 - section 18 and criminal procedure code--section 139--nothing to show that release of petitioner would bring him into association of known criminals--witnesses not depositing against him--held, petitioner can be released on bail.;nothing has been pointed out in order to show that the release of the petitioner would bring him into the association of any known criminal or that his release would expose him to moral danger. it may also be stated that some of the witnesses who have been examined so far by the juvenile magistrate have not deposed against this petitioner.;it can be said that the petitioner can be released on bail.;bail granted - mohini kapoor, j.1. the petitioner is juvenile under the provisions of juvenile justice act. at present he is in the observation home and the sessions judge, kata has refused to release him on bail. the case against the petitioner is that he sprinkled kerosene oil on his elder brother's wife and set her to fire. her statement was recorded by the asi and in this she had named the petitioner as an accused.2. under section 18 of the juvenile justice act a juvenile who is brought before the court is to be released on bail with or without surety and this is the general provision and the exception is that he shall not be released on bail if there appear reasonable grounds for believing, that the release as likely to bring him into association with any known criminal or expose him to moral danger that his release would defeat the ends of justice. only when & bail is refused in a juvenile on account of those reasons he is to be sent to observation home or a place of safety. in view of this provision it can be said that the learned sessions judge had not appreciated this position and has refused bail merely because the petitioner has been sent to the observation home. in the present case nothing has been pointed out in order to show that the release of the petitioner would bring him into the association of any known criminal or that his release would expose him to moral danger. it may also be stated that some of the witnesses who have been examined so far by the juvenile magistrate have not deposed against this petitioner.3. considering all these circumstances, it can be said that the petitioner can be released on bail on the condition that one of the surety shall be his father who shall give an undertaking that he would keep the petitioner under his supervision.4. the petitioner rajesh kumar shall be released on bail provided he furnishes a personal bond in the amount of rs. 5,000/- with to sureties in the amount of rs. 2,500/-each to the satisfaction of the sessions judge. kota for his appearance during the course of enquiry before the juvenile magistrate on all date of hearing and as and when he is called upon to do so. one of the surety shall be his father and he shall give an undertaking that he would keep the petitioner under his supervision.
Judgment:

Mohini Kapoor, J.

1. The petitioner is juvenile under the provisions of Juvenile Justice Act. At present he is in the Observation Home and the Sessions Judge, Kata has refused to release him on bail. The case against the petitioner is that he sprinkled kerosene oil on his elder brother's wife and set her to fire. Her statement was recorded by the ASI and in this she had named the petitioner as an accused.

2. Under Section 18 of the Juvenile Justice Act a juvenile who is brought before the court is to be released on bail with or without surety and this is the general provision and the exception is that he shall not be released on bail if there appear reasonable grounds for believing, that the release as likely to bring him into association with any known criminal or expose him to moral danger that his release would defeat the ends of justice. Only when & bail is refused in a juvenile on account of those reasons he is to be sent to Observation Home or a place of safety. In view of this provision it can be said that the learned Sessions Judge had not appreciated this position and has refused bail merely because the petitioner has been sent to the Observation Home. In the present case nothing has been pointed out in order to show that the release of the petitioner would bring him into the association of any known criminal or that his release would expose him to moral danger. It may also be stated that some of the witnesses who have been examined so far by the Juvenile Magistrate have not deposed against this petitioner.

3. Considering all these circumstances, it can be said that the petitioner can be released on bail on the condition that one of the surety shall be his father who shall give an undertaking that he would keep the petitioner under his supervision.

4. The petitioner Rajesh Kumar shall be released on bail provided he furnishes a personal bond in the amount of Rs. 5,000/- with to sureties in the amount of Rs. 2,500/-each to the satisfaction of the Sessions Judge. Kota for his appearance during the course of enquiry before the Juvenile Magistrate on all date of hearing and as and when he is called upon to do so. One of the surety shall be his father and he shall give an undertaking that he would keep the petitioner under his supervision.