S.B. Cr. Revision Petition No.1704/2009 Vishnu Vs. State of Raj. Dated : 27.01.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. Sajid Ali, for the petitioner. Mr. Javed Choudhary, PP for the State. *** Challenge in this criminal revision petition is made to the order dated 6th July, 2009 passed by Sessions Judge, Kota whereby the learned Sessions Judge in Criminal Appeal No.277/09 declined to grant bail to the revisionist. Heard learned counsel for the petitioner as also learned Public Prosecution appearing for the State. Learned counsel for the revisionist canvassed that co-accused persons namely Aamir Raja and Saddam Hussain have already been enlarged on bail by the Coordinate Bench in S.B.Criminal Revision Petition No.1089/2009 on 22nd July, 2009. These delinquent children are also involved with juvenile child Vishnu in criminal case pertaining to FIR No.422/2009 registered in the offence under Section 379 of IPC with Police Station Gumanpura, Kota. The case of the revisionist Vishnu is akin to those of the co-accused delinquent children, hence, on the ground of parity, the criminal revision petition may be allowed and the delinquent child be granted bail. -2- Learned Public Prosecutor appearing for the State has opposed the criminal revision petition on the ground that revisionist has been found to be involved in one more criminal case and the order in appeal passed by the learned Sessions Judge, Kota is apt and just, hence, the revision petition may be dismissed. Having considered the submissions made by the learned counsel for the revisionist and perused the relevant provisions of law as also the impugned order, it is noticed that the Sessions Judge dismissed the appeal and declined the bail on the ground that the delinquent child Vishnu had contact with the criminals, who had formed gang to commit theft of Automobiles. If the revisionist is granted bail, he shall again commit contact with the hardened criminals who have posed threat to the society. Undeniably and indisputably, the revisionist is found to be the age of 16 years. It is also noticed that co-accused delinquent children have also been granted bail by the Coordinate Bench. It is a first case and nothing has been said by the Sessions Court about his antecedents, hence, it cannot be said that the revisionist has a blemished character. If a child of the age of 16 years is not granted bail and he is asked to continue in Jail, I feel that such an order will -3- defeat the ends of justice. I find substance in the contention advanced by the learned counsel for the revisionist and the criminal revision petition deserves to be allowed. It is, therefore, ordered that the accused petitioner Vishnu S/o Shri Shambhu Lal in F.I.R. No. 422/2009 of police station Gumanpura, Kota, shall be released on bail on furnishing two surety bonds each of Rs.25,000/- to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court on all dates of hearing and as and when called upon to do so till the trial is concluded. However, it is made clear that in case any criminal case is registered and he is arrested by police, the bail granted to the revisionist shall stand cancelled automatically without reference to this Court. A copy of this order be sent to the Juvenile Court as also the concerned Police Station for their information. (MAHESH BHAGWATI)J. Pcg