SBCRRP858/2010 // 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Criminal Revision Petition No.858/2010 Gordhan Vs. The State of Rajasthan through PP Date of Order ::: 17.08.2010 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Arvind Kumar Gupta, Counsel for petitioner Shri Piyush Kumar, PP for the State #### By the Court:- Contention of learned counsel for the petitioner is that the learned Juvenile Justice Board and the court of Sessions erred in law in not extending benefit of bail to the petitioner only because he was accused of murder case with the aid of Section 149, IPC. In so far as Section 302 of the IPC is concerned, death of deceased Devi Singh was result of firearm injury and the allegation of causing such injuries is against co-accused Keshav, who opened the fire twice and thereby caused two firearm injuries on the person of deceased. The learned counsel referred to the postmortem report to argue that the injuries suffered by deceased were punctured wounds and in the opinion the medical board, cause of death was SBCRRP858/2010 // 2 // hemorrhage as a result of those injuries. The petitioner has been named with another co- accused on omnibus allegation that they had lathis and sticks and also caused injuries to the complainant party but no such injury has been otherwise sustained by the deceased. The petitioner being juvenile as per Section 12 of the Juvenile Justice (Care and Protection Children) Act, 2000 was entitled to be enlarged on bail. The learned counsel for the petitioner submitted that this court in such cases has been generally extended benefit of bail to juvenile because provisions of Section 12 have been given overriding effect over any other provision of any other law for time being including the Code of Criminal Procedure. Learned Public Prosecutor opposed the bail application, however, could not dispute the fact that the allegation of causing firearm injury resulting into death of Devi Singh is against co-accused Keshav and not against the petitioner and that the petitioner is a juvenile. In view of the above fact that the petitioner is a juvenile and that there is no allegation of causing any injury to the deceased agianst him and that the fatal SBCRRP858/2010 // 3 // injuries i.e. multiple punctured wound have been attributed to co-accused Keshav, who is alleged to have opened fire twice at him resulting into such injuries in a chest and stomach, this revision petition deserves to be allowed. The impugned order dated 28.06.2010 of the learned Juvenile Justice Board, Bharatpur, in F.I.R. No.409/2010 and the order dated 03.07.2010 of the learned Sessions Judge, Bharatpur in Criminal Appeal No.86/2010 are set-aside, and it is ordered that the petitioner be released on bail provided he furnishes a personal bond in the sum of Rs.30,000/- with two sureties of Rs.15,000/- each to the satisfaction of the Juvenile Justice Board, Bharatpur, in F.I.R. No.409/2010, Police Station Deeg, District Bharatpur. The revision petition stands allowed. (Mohammad Rafiq) J. //Jaiman//