Delhi District Court
Dev Kumar vs The State on 17 June, 2009
1
IN THE COURT OF SURINDER KUMAR SHARMA
ADDITIONAL SESSIONS JUDGE - NORTH EAST:
KARKARDOOMA COURTS:DELHI
1. Dev Kumar
S/o Sh. Devender Kumar Verma
R/o Q-155, Dilshad Garden,
Delhi-110095
...... Appellant.
Vs.
The State
...... Respondent.
Criminal Appeal No. : 02/2009
Date of Institution of case : 15.6.2009
Date on which reserved for Judgment: 16.06.2009
Date of delivery of Judgment : 17.06.2009
Criminal Appeal under section 52 of the
Juvenile Justice ( Care and Protection of Children) Act, 2000
against the order of non-consideration of the bail
application and to grant bail to the Delinquent/Appellant.
JUDGMENT:
The present appeal has been filed U/s 52 of the Juvenile Justice ( Care and Protection of Children) Act, 2000 ( here-in-after called the Act ) against the order of non- consideration of the bail application by the trial court.
I have heard Shri R.K.Sharma Ld. Counsel for the 2 appellant and Shri S.K. Raghuvansh Ld. Addl. P.P. for the respondent/State. I have also gone through the file .
The facts in brief are that the Appellant was arrested U/s 394/397/34 IPC. The appellant was juvenile and he was produced before the Juvenile Justice Board . The grievances of the Appellant is that he was not granted bail and thus violated section 12 of the Act. The bail application of the appellant was kept pending by trial court. Thereafter an application was moved on behalf of the appellant for early hearing of the bail application. The trial Court did not dispose off the said application for the early hearing of the bail application and and passed the following order :
'' Superintendent will assist the child in filling his forms. Books be also supplied to the child at Observation Home ''.
The perusal of the application moved for early hearing of the bail application shows that it was never prayed by the appellant that books be supplied to the appellant or assistance be provided to him for filling up his forms.
The Ld. Trial Court instead of disposing the said application for early hearing of the bail application passed an order which was never prayed for. The duty of the trial court was to dispose off the application for early hearing of the bail application. The Trial Court did not do so. The trial court kept the bail application of the appellant pending for a longer date 3 and application for early hearing was also not disposed off. So under these circumstances, the appellant is ordered to be released on interim bail till 25.6.2009. on executing a personal bond on his behalf, by his father/natural guardian in the sum of Rs.15000/- with one local surety of the like amount to the satisfaction of Trial Court/ Link M.M./Duty M/M. The appellant will surrender in the juvenile court on 25.6.2009 and on that date, the trial court will dispose of the bail application of the appellant in accordance with law.
The appeal stands disposed off accordingly. A copy of the order be sent to the Juvenile Justice Board.
A copy of the order be also sent to Observation Home. The appeal file be consigned to record room. Announced in open Court on 17.06.2009 (Surinder Kumar Sharma) Additional Sessions Judge (North East) Karkardooma Courts, Delhi