Rajasthan High Court - JodhpurSwaroopa Ram vs State on 15 December, 2011Author:Sandeep MehtaBench:Sandeep Mehta1

    S.B. Criminal Revision Petition No.1262/2011
         Sawroopa Ram. VS. State of Rajasthan.


15.12.2011

            Hon'ble Mr. Justice Sandeep Mehta


Mr.BL Dudy, for the petitioner.
Mr.OP Singaria, PP, for the respondent State.
                              ...Heard.The present revision petition has been filed by the

petitioner through his guardian - brother Jetha Ram underSection 53of the Juvenile Justice Act, 2000 challenging the

order dated 11.11.2011 passed by the learned Sessions

Judge, Jodhpur whereby he rejected the appeal filed by the

petitioner challenging the order dated 21.10.2011 passed

by the learned Principle Magistrate, Juvenile Justice Board,

Jodhpur rejecting the prayer of the petitioner for his release

to his guardian.Assailing the orders impugned, learned counsel for the

petitioner submits that the case against the petitioner was

based on circumstantial evidence and now all the witnesses

who were making allegations against the petitioner have

been    examined    and   they       have   not   supported   the

prosecution story. Learned counsel for the petitioner has

placed on record the statements of the witnesses examined

before the court below.Per contra, learned public prosecutor has opposed the2prayer made by the petitioner.I have given my thoughtful consideration to the

arguments advanced at the bar and have carefully perused

the orders impugned and the statements of the witnesses.A perusal of the statements of the witnesses reveals

that the petitioner has not been named by them and they

have resiled from their earlier versions.Accordingly, the revision petition succeeds, the order

dated 11.11.2011 passed by the learned Sessions Judge,

Jodhpur and the order dated 21.10.2011 passed by the

learned Principle Magistrate, Juvenile Justice Board, Jodhpur

are set aside and the Principle Magistrate, Juvenile Justice

Board, Jodhpur is directed to release the petitioner into the

guardianship of his guardian brother Jetha Ram on the

guardian furnishing bail and surety bonds to the satisfaction

of the learned Principle Magistrate, the terms and conditions

thereof shall be decided by the learned Principle Magistrate

himself.[Sandeep Mehta],J./S.Phophaliya/