MOHAN Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) Heard.

(2.) The petitioner-Mohan, aged about 17 years, was found in possession of 34 liters and 507 milliliters of illicit liquor. The liquor was seized from him, and he was arrested for committing the offence under S. 34(l)(a) of the Excise Act. The petitioner filed an application under S. 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 (henceforth the Act') for grant of bail. The Juvenile Justice Board rejected his application vide order dated 5-1-2005. Disgruntled with the said order, he preferred an appeal under S. 52 of the Act before Sessions Judge, Raipur. Learned Sessions Judge, Raipur, after hearing both the parties, maintained the finding of the Juvenile Justice Board to the effect that there is reason to believe that the petitioner may come into association with criminals connected with the crime for which the petitioner was arrested and his release would defeat the ends of justice, and accordingly dismissed his Criminal Appeal No. 16/2005 vide order dated 18-1-2005.

(3.) The petitioner, instead of filing revision, applied under S. 439 of the Code of Criminal Procedure before this Court for releasing him on bail. During the pendency of the application, the petitioner, relying on the decision rendered in Hardip Singh v. State of Punjab, reported in 2002 (2) Crimes 179, filed LA. No. 510/2005 for converting the bail application into revision.