Allowed

Shyam Sunder v. State

Rajasthan HC28 Aug 2017CRLR/858/2017

Case brief

AI extract

What is this about?

High Court granted a revision petition for a juvenile's bail rejection in a sexual assault case. The Court directed the Juvenile Justice Board to release the petitioner into his father's custody upon executing a personal bond with sureties. Prior appellate orders were set aside.

What did the court decide?

Impugned orders rejected by Special Judge and Principal Magistrate set aside; petitioner directed to be released on personal bond of Rs. 50,000 with two sureties.

Shyam Sunder Vs State — Child Sexual Offences (POCSO) | Rajasthan HC (2017)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Revision No. 858 / 2017

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Shyam Sunder son of Shri Ganesh Das, by caste Swami, Resident of Gunsaisar, Tehsil & District Bikaner through his natural guardian father Ganesh Das son of Shri Gopal Das, by caste Swami, Resident of Gunsaisar, Tehsil & District Bikaner.

----Petitioner

Versus

State of Rajasthan.

----Respondent

For Petitioner(s) : Mr.SK Poonia.

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For Respondent(s) : Mr.RK Bohra, PP & Mr.Ravindra Paliwal.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Judgment / Order

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28/08/2017

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Heard. Perused the material available on record.

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Learned counsel for the petitioner has placed on record copy of order dated 20.7.2017 whereby, the learned Juvenile Justice Board has decided the proceedings under Section 15 of the Juvenile Justice Act in favour of the juvenile and has itself decided to hold the inquiry against him.

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The present revision petition has been filed by the petitioner Shyam Sunder through his natural guardian – father Ganesh Das under the Juvenile Justice Act, 2015 for assailing the order dated 29.5.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner whereby he rejected the appeal filed by the petitioner against the order dated 2.3.2017 passed by the learned Principal Magistrate, Juvenile Justice Board,

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(2 of 3)

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[CRLR-858/2017]

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Bikaner in connection with F.I.R. No.18/2017 of P.S. Napasar, District Bikaner, rejecting the prayer of the petitioner for being released on bail.

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Having considered the arguments advanced at the bar and after going through the orders impugned and the statement of the prosecutrix, it is apparent that she was having intimate relations with the major accused Vijay Pal. She alleged that Vijay Pal used to regularly subject her to sexual intercourse and on one particular occasion i.e. on 25.12.2016, the petitioner was also present and he also subjected the prosecutrix to sexual assault. The sexual relations of the prosecutrix and Vijay Pal continued unabated even therafter.

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In this background and having regard to the facts and circumstances of the case and keeping in view the provisions of Juvenile Justice Act, but without expressing any opinion on the merits of the case, this Court feels that there are justifiable reasons for directing the release of the petitioner juvenile into the guardianship of his father being the natural guardian.

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Accordingly, the revision petition succeeds. The order dated 29.5.2017 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bikaner and the order dated 2.3.2017 passed by the learned Principal Magistrate, Juvenile Justice Board, Bikaner are hereby set aside. The Principal Magistrate, Juvenile Justice Board, Bikaner is directed to release the petitioner into the guardianship of his natural guardian father Ganesh Das on the guardian executing a personal bond for a sum

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(3 of 3)

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[CRLR-858/2017]

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of Rs.50,000/- along with two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned Principal Magistrate, Juvenile Justice Board, Bikaner for the petitioner’s appearance before the Board on the next date of hearing and as and when called for to do so during the course of the inquiry.

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(SANDEEP MEHTA)J.

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S.Phophaliya/-

Shyam Sunder v. State

Case brief

What is this about?

What did the court decide?

Shyam Sunder v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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