Rajasthan High CourtPradeep Kumar And Ors vs State Of Rajasthan Through P.P on 15 September, 2010Author:Mohammad RafiqBench:Mohammad RafiqIN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

ORDER
IN
S.B. Criminal Revision Petition No.971/2010

Pradeep Kumar, Amardeep Singh @ Mulayam and Gurdeep Singh (All Minors) through their father/uncle Mahendra Singh Vs. State of Rajasthan through Public Prosecutor

Date of Order ::: 15.09.2010

Present
Hon'ble Mr. Justice Mohammad Rafiq


Shri Mahendra Singh, father/uncle of petitioners, present-in-person
Shri Hari Kishan Sharma, representative of PP Office
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By the Court:-Shri Mahendra Singh, father/uncle of petitioners, has appeared and argued the matter.This revision petition has been filed by juvenile petitioners, namely, Pradeep Kumar, aged about 14 years, Amardeep Singh @ Mulayam, aged about 13 years, Gurdeep Singh, aged about 15 years, through their father/uncle Shri Mahendra Singh, dissatisfied with the order dated 05.08.2010 of the learned Court of Sessions, Bharatpur, rejecting their criminal appeal no.108/2010 filed underSection 52of the Juvenile Justice Act, 2000 (for short, 'the Act of 2000'), which upheld the order dated 29.07.2010 of the Juvenile Justice Board, Bharatpur, passed in F.I.R. No.95/2010 lodged at Police Station Halena, District Bharatpur, for offence underSections 143,323,341,302of the IPC andSection 3(i)(x)of the SC/ST Act, refusing to grant bail to them underSection 12of the Act of 2000.Mahendra Singh, father of petitioner No.2 Amardeep Singh @ Mulayam and petitioner No.3 Gurdeep Singh and uncle of petitioner No.1 Pradeep Kumar, has argued that all the petitioners are minor and have been falsely implicated in the matter. One of the petitioners, namely, Pradeep Kumar was initially given beating by the complainant party which led to the incident in which Sultan sustained head injury and succumbed thereto. It is contended that the allegation of causing that fatal injury is against Samunder and not against any of present petitioners. All other injured have received simple injuries except Samapati Devi, who received one injury on her finger which was found to be grievous but that injury too has not been assigned to the present petitioners. Petitioners are admittedly juvenile.Reliance is placed on the judgments of this court inMunshi Singh Vs. State of Rajasthan2008 (3) R.Cr.D.405 (Rajasthan), Raju @ Jagdish and Others Vs. State of Rajasthan  2008 (3) R.Cr.D.408 (Rajasthan), to argue that in normal course a juvenile should not be denied the benefit of bail.The Public Prosecutor is not present, although his representative is present in the court.Record of the case, however, has been received and placed on the Board. On perusal of the record, I find that only injury that has been received by deceased Sultan was responsible for his death, which is proved from the postmortem report and that injury was assigned to co-accused Samunder. The school certificates of 8th standard of all the three petitioners are on the record, according to which they were minor on the date of the incident and are still minor. Learned Juvenile Justice Board and the learned Court of Sessions have denied them the benefit of bail on the premise that they formed an unlawful assembly but it is however to be noted that the fatal injury sustained by deceased Sultan has not been assigned to any of three petitioners and that they are minors and in the normal course they ought to be enlarged on bail. Their safety would be better taken care of by their natural guardian.In the circumstances, the revision petition is allowed. The order dated 29.07.2010 of the learned Juvenile Justice Board, Bharatpur in FIR No.117/2010, lodged at Police Station Halena, District Bharatpur, for offence underSections 143,323,341,302IPC andSection 3(i)(x)of the SC/ST Act, and the order dated 05.08.2010 of the learned Court of Sessions, Bharatpur in Criminal (Juvenile) Appeal No.108/2010, are set aside.Accused-petitioners, namely, Pradeep Kumar, aged about 14 years Son of Shri Samunder Singh, (2) Amardeep Singh @ Mulayam, aged about 13 years, Son of Shri Mahendra Singh and (3) Gurdeep Singh, aged about 15 years, Son of Shri Mahendra Singh, All minors through their natural guardian/father Shri Mahendra Singh, Resident of Village Pali, Tehsil Weir, District Bharatpur (presently in Judicial Custody in Child Observation Home, Bharatpur), be released on bail in FIR No.117/2010, lodged at Police Station Halena, District Bharatpur, for offence under Sections 143, 323, 341, 302 IPC and Section 3(i)(x) of the SC/ST Act, and their custody be handed over to their natural guardian i.e. uncle/father Mahendra Singh on his furnishing 'Supurdginama' in the sum of Rs.50,000/- to the satisfaction of the Juvenile Justice Board, Bharatpur, with the undertaking to produce the juveniles before that Board on all subsequent dates of hearing and as and when called upon to do so.Record may be sent back immediately.(Mohammad Rafiq) J.//Jaiman//