LAWS(CHH)-2014-8-26

RAJESH LAKRA Vs. STATE OF C G

Decided On August 04, 2014
Rajesh Lakra Appellant
V/S
State Of C G Respondents

JUDGEMENT

(1.) Invoking the revisional jurisdiction of this Court under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (henceforth "the Act, 2000") read with Section 397/401 of the Code of Criminal Procedure, 1973 (henceforth "Cr.P.C."), juvenile/applicant-Rajendra Lakra has filed the instant revision questioning the legality, validity and correctness of the judgment dated 10-4-2014 by which his appeal under Section 52 of the Act, 2000 has been dismissed by the Court of Sessions, Jashpur. The necessary facts required for adjudication of the instant revision are as under:--

(2.) Shri J.K. Saxena, learned Counsel appearing for the applicant would submit that the Board as well as the Court of Session has committed an apparent and manifest legal error in rejecting the application filed by the applicant in an unwarranted manner. He would further submit that the applicant has got no criminal proclivity and there is no reasonable ground for believing that the release of the applicant is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.

(3.) On the other hand, Shri Prasun Bhaduri, learned Government Advocate appearing for the State/non-applicant would support the impugned judgment and would submit that grant of bail to the applicant would expose him to moral, physical or psychological danger and as such his application has rightly been rejected by the Board and the Court of Session.