Ramswaroop @APPELLANT@Hash State of Rajasthan & Ors.

Petitioner-juvenile has laid this revision petition under Section 102 of the Juvenile Justice (Care & Protection of Children) Act, 2015 (for short, ‘Act

of 2015’) to question legality and propriety of order dated 3rd of May, 2018, passed by Special Judge, POCSO Act Cases, Jodhpur (for short,

‘learned appellate Court’), rejecting appeal of the petitioner under Section 101 of the Act of 2015 and thereby confirming order dated 1st of

May 2018, passed by Juvenile Justice Board, Jodhpur (for short, ‘learned Board’).

The facts, in brief, giving rise to this revision petition are that pursuant to FIR No.62/2018 registered at Police Station Lohawat, District Jodhpur for

offence under Section 436 IPC, petitioner was apprehended and kept in Observation Home.  For seeking bail, the petitioner laid an application

before learned Board under Section 12 of the Act of 2015.  The learned Board, upon consideration of the application, has found that petitioner has

committed offence in retaliation and considering the gravity and magnitude of offence arrived at the conclusion that it would not be appropriate to

enlarge him on bail. Â

Feeling aggrieved by the order of learned Board, petitioner approached learned appellate Court but the learned appellate Court, while concurring with

the findings and conclusions of learned Board, has rejected the appeal.  Â

I have considered the submissions made at Bar by learned counsel for the parties and perused the materials available on record.

Indisputably, in the instant case, petitioner is in Observation Home for last about three months and upon completion of investigation, chargesheet has

already been filed. Report of the Probation Officer also indicates that petitioner-juvenile has expressed his remorse for his earlier conduct and has

taken a vow not to repeat such acts in future.

In general, the report of Probation Officer is not indicating that in case the petitioner is enlarged on bail he would be exposed to known criminals or his

release on bail would have any adverse effect on his moral, physical or psychological condition, or on his morality or psychologically so as to repeat his

earlier omissions.

True it is that in the heat of passion juvenile has committed the offence, which caused loss to the complainant, but then, in totality, I am unable to find

any reason to decline him bail as he has not incurred any disqualification within the four corners of proviso to sub-section (1) of Section 12 of the Act

of 2015.

In view of foregoing discussion, the instant revision petition is allowed and both the orders impugned are upset.

As a consequence of acceptance of the revision petition, petitioner-juvenile, Ramswaroop S/o Kishna Ram, is ordered to be released on bail provided

requisite bail bond is furnished by his guardian & father Kishna Ram in a sum of Rs.50,000/- with one surety of like amount to the satisfaction of

Juvenile Justice Board, Jodhpur with further stipulation that he shall make sincere endeavour to present juvenile (petitioner) before the Board on each

and every date of hearing and as and when he is called.