1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Revision No. 87 of 2010 Parvinder Singh @ Palvinder Singh S/O Shri Malkeet Singh though his Mother and natural guardian Smt Gurmeet Kaur W/O Shri Malkeet Singh, R/O Vijay Nagalia, Police Station-Bazpur, District Udham Singh Nagar. Revisionist(in Jail/observation home) Versus State of Uttarakhand …………..Respondent Shri Lalit Sharma, Advocate present for the revisionist Smt. M.A.Khan, Brief Holder, present for the State Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. (2) This revision is directed against the order dated 01.05.2010, passed by Sessions Judge Udham Singh Nagar in criminal appeal no. 42 of 2010 and order dated 15.04.2010, passed by Juvenile Justice Board, Udham Singh Nagar. (3) Brief facts of the case are that one F.I.R no 363 of 2009, relating to offences punishable under sectin 147, 148, 302 I.P.C, was got registered by complainant Mahendra Singh against accused Ravindra Singh, Malkeet Singh, Tajendra Singh, Harkamal Singh and Palvindra Singh. Out of the five present revisionist is accused Palvindra Singh. In the First 2 Information Report, it is alleged that on 05.11.2009 at about 8.p.m the aforesaid five accused formed an unlawful assembly and armed with Sword, PATAL(heavy sharp edged weapon) SARIA (iron rode) and iron chain, they assaulted complainant’s brother. The injured (complainant’s brother) was taken to hospital at Bazpur from where when being taken to Haldwani for better medical treatment, he succumbed to the injuries on the way. (4) Learned counsel for the revisionist submitted that the revisionist Parvinder Singh @ Palvinder Singh has been declared juvenile by the Juvenile Justice Board. Learned counsel for the State concedes this fact. However, the Juvenile Justice Board rejected the bail application of the revisionist on the ground that the revisionist may get the company of the criminals if released on bail. The appellate court (Sessions Judge Udham Singh Nagar) also dismissed the appeal against the order passed by the Juvenile Justice Board on 15.04.2010 on the same ground, taking shelter of exception provided in section 12 of Juvenile Justice Act, 2000. (5) On behalf of the revisionist it is submitted that revisionist’s father who is said to have been involved in the crime is in jail. It is the mother of the Juvenile who is seeking bail for the revisionist, as such the apprehension expressed by the Juvenile Justice Board and the Sessions Judge Udham Singh Nagar, is unfounded. 3 (6) The revisionist who is a Juvenile is in custody for last more than six months. No specific role is assigned to him in the First Information Report. (7) In the above circumstances, this revision is allowed. The impugned order dated 15.04.2010 passed by Juvenile Justice Board Udham Singh Nagar and order dated 01.05.2010 passed by Sessions Judge, Udham Singh Nagar, in criminal appeal no. 42 of 2010 are set aside. The revisionist Parvinder Singh @ Palvinder Singh shall be released on bail on furnishing personal bond by his mother Gurmeet kaur, and two sureties each of like amount, to the satisfaction of the Juvenile Justice Board, Udham Singh Nagar. (Prafulla C. Pant, J.) Dt.19.5.2010 N.P