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Judgment
S.R. Waghmare, J.—By this revision petitioner filed u/s. 53 of Juvenile Justice Act 2000 passed by Sessions Judge, Rajgarh in Criminal Case No. 324/13 on 03.12.2013.
Counsel for the petitioner has vehemently urged the fact that the petitioner Brajesh s/o Purosottam Bairagi was being proceeded u/s. 302 of the IPC recorded against him and crime No. 174/2013 registered at police station Talen, District-Rajgarh.
Counsel submitted that the petition u/s. 12 of the Juvenile Justice was filed by the father of the accused for grant of bail, which is rejected by the trial Court and has been upheld by the appellate Court and hence present revision u/s. 53 of Juvenile Justice Act. Counsel placed reliance in the matter of Girraj Yadav Vs. The State of Madhya Pradesh, to state that heinousness of offence has no relevance while considering the bail matter of delinquent juvenile and bail was granted to the petitioner who was being prosecuted for offence u/s. 307 of the IPC in the said case. Similarly, Counsel placed reliance on Narayan Sharma Vs. State of Madhya Pradesh, and Manju @ Manaklal Vs. State of M.P., to bolster his submissions. Hence Counsel prayed that the petition be allowed.
Counsel for the respondent/State on the other hand opposed the submissions of the Counsel for the petitioner. He candidly admitted on the basis of report received from the Probationary Officer of the Juvenile Justice Board, Bhopal that the petitioner is a 9th Class student and his behaviour is good and the delinquent be given a chance as a student to improve himself. In view of the above, Counsel did not very strongly oppose the petition.
On considering the above submissions, I find that the custody of the accused given to the father of the accused, placing reliance Narayan Sharma (supra). The petition needs to be allowed and the impugned order passed by trial Court as well as Sessions Court are hereby set aside and the petition filed by the father of the petitioner u/s. 12 of Juvenile Justice Act is hereby allowed.
It is ordered that the petitioner be released on bail on his furnishing a bail bond for a sum of Rs. 30,000/- (Rupees Thirty Thousand Only) by only guardian, who has filed the present petition and with one local surety of like amount to the satisfaction of the Juvenile Justice Court. And also it is further directed that the father of the petitioner shall give an undertaking in writing before the Trial Court that he shall look after welfare of the accused child and allow him to further study and he shall also remain present each and every date before the concerned Court. In these terms the petition is allowed and it is directed that the interim custody be handed over to the father of the petitioner after he furnishes the bail conditions as per directions above.
With the aforesaid observations and direction the petition is allowed to the extent herein above indicated.