Mohit v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRR No.4399 of 2017 (O&M) Date of Decision: July 09, 2018 Mohit

...Petitioner

VERSUS

State of Haryana

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Nirmal Singh, Advocate for the petitioner.

Mr.Vikas Chopra, Deputy Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

The present revision has been filed by the petitioner Mohit against respondent State of Haryana, challenging the impugned order dated 08.08.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Gurugram vide which the bail application filed by the petitioner was dismissed and also challenging the order dated 07.09.2017 passed by learned Addl. Sessions Judge, Gurugram, vide which appeal filed by petitioner was also dismissed.

Notice of motion was issued. Learned State counsel appeared and contested the petition.

I have heard learned counsel for the petitioner as well as learned State counsel and have gone through the record. Vineet Gulati 2018.07.12 14:09 I attest to the accuracy and authenticity of this document Chandigarh

CRR No.4399 of 2017 -2From the record, I find that the allegations in the present case are that present petitioner (juvenile) namely Mohit along with one coaccused Deepak, on pistol point, robbed money from SBI Eco Counter and they were apprehended by the mob there and were also given injuries. The present petitioner is admittedly juvenile and he is in custody since April 2017. As per Section 12 of the Juvenile Justice Act, the bail is to be given to the juvenile and gravity of the offence is not a bar to grant the bail. The trial of the case will take long time. No useful purpose will be served by keeping the petitioner in custody. Keeping in view the facts and circumstances of the present case and keeping in view the custody period of the present petitioner, I find merit in the present revision petition and the same is allowed.

The impugned order dated 08.08.2017 passed by learned Principal Magistrate, Juvenile Justice Board, Gurugram and the order dated 07.09.2017 passed by learned Addl. Sessions Judge, Gurugram, are set aside. It is ordered that petitioner be released on bail subject to his furnishing personal/surety bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the Principal Magistrate, Juvenile Justice Board, Gurugram. July 09, 2018 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2018.07.