Rajasthan High Court - Jaipur
Juvenile Suryapratap Singh Allias ... vs State Of Rajasthan Through P P on 31 October, 2017
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Miscellaneous Bail No. 10001 / 2017
Juvenile Suryapratap Singh @ Chhotu S/o Shri Shishupal B/c
Thakur, R/o Vankhandi Road Gopalpura, Morena, Police Station
City Kotwali, District Morena (MP) (at Present in Distt. Jail
Dholpur)
----Petitioner
Versus
State of Rajasthan Through P.P.
----Respondent
_____________________________________________________ For Petitioner(s) : Mr.Anil Jain For Respondent(s) : Mr.N.S.Dhakad,PP _____________________________________________________ HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 31/10/2017
1. Petitioner has filed this bail application under Section 439 of Cr.P.C.
2. F.I.R. No.182/2016 was registered at Police Station Nihalganj, Dholpur for offence under Sections 392 I.P.C. and Section 3/25 of the Arms Act
3. It is contended by the counsel for the petitioner herein initially moved the Juvenile Justice Board but his bail application was rejected and an appeal was preferred before the Sessions Court against the said order which stood also dismissed. A revision petition was preferred before the High Court which also stood decided against the petitioner meaning thereby that the petitioner was not granted bail by the Juvenile Justice Board by the Sessions Court and the High Court in revision. Thereafter petitioner after (2 of 2) [CRLMB-10001/2017] recording of statement of some of the prosecution witnesses again moved the Juvenile Justice Board which application was also rejected.
4. It is contended that petitioner moved an appeal before the Sessions Court but the Court asked the petitioner to withdraw the appeal and move bail application and thereafter upon filing bail application, the same was rejected.
5. Any order passed by the Juvenile Justice Board can be challenged only by way of appeal before the Sessions Judge and against an order passed by the Sessions Court a revision petition can be preferred. The Sessions Court has erred in entertaining the bail of a Juvenile under Section 439 Cr.P.C. As there is a separate Juvenile Justice (Care and Protection of Children) Act, 2015 deals with the bail of a juvenile. Any person aggrieved by the order passed by the Juvenile Justice Board can prefer an appeal before the Sessions Court.
6. The present bail application was thus not maintainable before the Sessions Court and the Sessions Court ought to have entertained the bail and pass order in accordance with law.
7. In view of the above, I am not inclined to entertain the present bail application.
8. The same is accordingly rejected. The petitioner would be at liberty to move appeal against the order of the Juvenile Justice Board.
(PANKAJ BHANDARI), J.
teekam/11