Allowed

Paras v. State

Rajasthan HC13 Sept 2017CRLR/1107/2017

Case brief

AI extract

What is this about?

The High Court allowed the revision petition, setting aside orders rejecting bail for a juvenile accused. The Court held that the accused, who was seen unarmed standing at the scene while co-accused were armed, deserves bail, and ordered his release upon furnishing a personal bond and two surety bonds.

What did the court decide?

Rejected orders from Principal Magistrate (23.6.2017) and Sessions Judge (6.7.2017) set aside; accused released on bail subject to furnishing a personal bond of Rs. 50,000/- and two surety bonds of Rs

Paras Vs State — Bail and Remand | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 1107 / 2017

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Paras S/o Lalu Dangi, Aged About 17 Years, Resident of Nandvel, P.S. Dabok, District Udaipur Through Guardian Father Lalu Dangi, Resident of Nandvel, P.S. Dabok, District Udaipur. (At Present in Observation Home, Udaipur).

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----Petitioner

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Versus

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The State of Rajasthan

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----Respondent

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For Petitioner(s) : Mr.R.S.Chouhan. For Respondent(s) : Mr.R.K.Bohra, P.P.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment / Order

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13/09/2017

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

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The instant revision has been filed under Section 397 and 401 Cr.P.C. read with Sections 12 and 102 of Juvenile Justice Act on behalf of the petitioner, who is in custody in connection with F.I.R. No.37/2017, P.S. Ghasa, District Udaipur for the offences under Sections 447, 302/34 I.P.C. against the order dated 6.7.2017 passed by the Sessions Judge, Udaipur whereby the appeal preferred against the order dated 23.6.2017 passed by learned Principal Magistrate, Kishor Nyay Board, Udaipur rejecting bail application preferred by the petitioner’s natural guardian i.e. father under Section 12 of the Juvenile Justice Act, was dismissed.

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As per the admitted prosecution case, the minor accused

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(2 of 2)

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[CRLR-1107/2017]

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petitioner was simply seen standing at the place of occurrence with the co-accused Shankar and Pushkar. Shankar was carrying a lathi in his hand. Pushkar as well as present petitioner were unarmed. The regular bail application being S.B.Criminal Misc. Bail Application No.7508/2017 filed on behalf of of the major co-accused Pushkar has been accepted by this Court by order dated 6.9.2017.

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In this background, I am of the opinion that the petitioner too deserves the indulgence of bail. Hence, the order rejecting the application for bail filed on behalf of the petitioner so also the order rejecting petitioner’s appeal, cannot be sustained and deserve to be set aside.

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Consequently, the instant revision is allowed. The impugned order dated 23.6.2017 passed by learned Principal Magistrate, Kishor Nyay Board, Udaipur so also order dated 6.7.2017 passed by the Sessions Judge, Udaipur are set aside. It is ordered that the accused-petitioner Manju arrested in connection with F.I.R. No.37/2017, P.S. Ghasa, District Udaipur shall be released on bail; provided her natural guardian i.e. father furnishes a personal bond of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the satisfaction of the learned Kishore Nyay Board with the stipulation to appear before the Board on all dates of hearing and as and when called upon to do so.

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(SANDEEP MEHTA)J.

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/tarun goyal/

Paras v. State

Case brief

What is this about?

What did the court decide?

Paras v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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