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Mafta and 8 ors. Vs. the Stata of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtRajasthan High Court
Decided On
Case NumberS.B. Cr. Misc. Bail Application No. 909 of 1984
Judge
Reported in1984WLN(UC)280
AppellantMafta and 8 ors.
RespondentThe Stata of Rajasthan
DispositionApplication allowed
Excerpt:
.....attributed to them and there is only omnibus evidence against them, they may be released on bail.;bail application allowed - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the juvenile justice act, 2000, that in section 2(k) a juvenile..........the learned counsel for the petitioners mafta, narsa, raja and surta does not press their bail application at this stagel.4. so far as the other petitioners are concerned, i am of the opinion that looking to all the circumstances of the case and the fact that no specific injuries to the deceased had been attributed to them and there is only omnibus evidence against them, they may be released on bail.5. i, therefore, allow the bail application of sona, masunga, shanti, nawa and kastura and direct that they shall be released on each of them furnishing a personal bond in the sum of rs. 5,000/- (rs. five thousand) with two sureties in the sum of rs. 2.500/- each to the satisfaction of the learned sessions judge, sirohi for their appearance before that court on the next date of.....
Judgment:

K.S. Lodha, J.

1. This is a bail application on behalf of nine accused persons who are facing tnal for offence under Sections 302 and 149 Indian Penal Code etc.

2. I have heard the learned Counsel for the petitioners and the learned Public Prosecutor and have gone through the police papers.

3. The learned Counsel for the petitioners Mafta, Narsa, Raja and Surta does not press their bail application at this stagel.

4. So far as the other petitioners are concerned, I am of the opinion that looking to all the circumstances of the case and the fact that no specific injuries to the deceased had been attributed to them and there is only omnibus evidence against them, they may be released on bail.

5. I, therefore, allow the bail application of Sona, Masunga, Shanti, Nawa and Kastura and direct that they shall be released on each of them furnishing a personal bond in the sum of Rs. 5,000/- (Rs. five thousand) with two sureties in the sum of Rs. 2.500/- each to the satisfaction of the learned Sessions Judge, Sirohi for their appearance before that Court on the next date of hearing and on all subsequent dates.

6. The bail application of Mafta, Narsa Raja and Surta is dismissed as not pressed at this stage.


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