VISHWAJEET ALIAS KRISHNA BHARADWAJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Present revision petition has been filed against the order dated 24-11 -2011 passed by the Sessions Judge, Raipur in Criminal Appeal No. 167/2011 dismissing the appeal preferred by the applicant assailing the order dated 20-10-2011 passed by the Principal Magistrate, Juvenile Justice Board, Raipur in Criminal Case No. 129/2011.

(2.) Facts of the case in brief are that on 8-3-2011 the applicant is alleged to have committed the murder of one Mina, along with co-accused. Undisputedly, the applicant is minor aged about 13 years. The applicant filed an application before the Principal Magistrate/President, Juvenile Justice Board, Raipur under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short "the Act of 2000") for grant of bail which was rejected on the ground that the applicant is involved in commission of the offences under Sections 342 and 302/34 IPC and with the help of his collegue he practiced sorcery on Mina as a result of which she died. Learned Magistrate has mentioned in its order that if the applicant is released on bail, he would be exposed to moral, physical and psychological danger and that if he comes back to the same atmosphere; ends of justice would be defeated. Order of the Magistrate was assailed by the applicant by way of appeal before the Sessions Judge, Raipur which has been dismissed by the order impugned mainly on the ground that the accused/appellant appears to be the main accused and by practicing sorcery he has committed the murder of Mina. In the report of the Probation Officer, it has been mentioned that it is the orthodox tradition bound society which has driven the accused/applicant to sorcery. Learned appellate Court has also mentioned in its order that if the applicant is released on bail, he would be exposed to moral, physical and psychological danger.

(3.) Learned counsel for the applicant submits that both the Courts below have completely overlooked the provisions of Section 12 of the Act of 2000 and more particularly the report submitted by the Probation Officer Annexure A-3. He submits that in its report the probation officer has categorically mentioned that he has no objection if the applicant is released on bail. He submits that there is absolutely nothing in the report of the Probation Officer that if the applicant is released on bail, he would be exposed to moral, physical and psychological danger and that the words "he would be exposed to moral, physical and psychological danger" have been mentioned in the impugned order just because they are described in the relevant provision itself.