Allowed

Dharma @ Dharmendra v. State of Rajasthan through P P

Rajasthan HC17 Apr 2018CRLR/682/2017

Case brief

AI extract

What is this about?

Hon'ble Mrs. Justice Sabina allowed the criminal revision petition for regular bail under Section 102 of the Juvenile Justice Act, 2000. The court admitted the petitioner based on their juvenile status at the time of the occurrence, without expressing an opinion on the merits of the case, subject to satisfaction by the Trial Court.

What did the court decide?

Petitioner admitted to bail subject to the satisfaction of the Trial Court.

Dharma @ Dharmendra Vs State of Rajasthan… — Child Sexual Offences (POCSO) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision No. 682/2017

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Dharma @ Dharmendra S/o Shri Jaiveer B/c Jat, Minor Through His Father Shri Jaiveer S/o Shri Harvilas B/c Jat, Aged About 48 Years, R/o Village Bahaj Police Station Deeg, District Bharatpur, Aged About 17 Years, R/o Village Bahaj Police Station Deeg, District Bharatpur. (At Present The Petitioner Is In Reformatory Home).

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----Petitioner

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Versus

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State Of Rajasthan Through P.p.

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Non-Petitioner

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Smt. Rekha Wife of Shri Ravi, by caste Vaishya, resident of Goverdhan Gate, Deeg District Bharatpur – Presently resident of Radhapuram Estate, Mathura (UP)

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----Complainant-Non-Respondent

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For Petitioner(s) : Mr. Jiya UR Rahman Adv. For Respondent No.1 : Mr. V.S. Godara, P.P.

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HON'BLE MRS. JUSTICE SABINA

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Judgment

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17/04/2018

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Petitioner has filed this revision petition under Section 102 of The Juvenile Justice (Care and Protection of Children) Act, 2000 seeking regular bail in F.I.R. No. 02/2016 registered at Police Station Deeg District Bharatpur for offence under Sections 302 of Indian Penal Code, 1860.

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Learned counsel for the petitioner has submitted that the petitioner is in custody since 04.03.2016. Present case relates to

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(2 of 2)

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[CRLR-682/2017]

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murder of Raju. Statement of Raju was recorded under Section 161 Code of Criminal Procedure, 1973 as he had died after about two months of the occurrence. It was the case of Raju that accused Pintu had fired at him. To the similar effect was the statement of Rekha mother of the deceased. Occurrence had taken place on 29.02.2016. Statement of the mother of the deceased was initially recorded on 02.01.2016 and the statement of Raju was also recorded on 02.01.2016. Raju died on 29.02.2016. Thereafter, on 03.03.2016 supplementary statement of Rekha was recorded, wherein, petitioner was also named as an accused and it was alleged by her that she has been told by her son that petitioner had fired at him.

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Learned State counsel, on the other hand, has opposed the petition.

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Notice was issued to the respondent No.2. However, efforts to serve respondent No.2 have remained futile. As per the last office report, notice issued to respondent No.2 has been received back unserved with the report that she had sold her entire property and her current address was not available.

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Keeping in view the submissions made by learned counsel for the petitioner and the fact that the petitioner was a juvenile at the time of occurrence and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to bail subject to the satisfaction of the Trial Court.

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(SABINA),J

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S.Kumawat/D-14

Dharma @ Dharmendra v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

Dharma @ Dharmendra v. State of Rajasthan through P P

Case brief

What is this about?

What did the court decide?

What the court decided

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