SHANI S/O BIRBAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition has been filed by the applicant assailing correctness and validity of order dtd. 24/11/2015 passed in appeal whereby the order of rejection of application for bail under Sec. 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act of 2000') has been affirmed.

(2.) The applicant is a juvenile, in conflict with law, who is alleged to have committed offence under Sec. 302 IPC. Age of the applicant is stated to be less than 16 years, the petitioner moved an application before the Juvenile Justice Board for grant of bail under Sec. 12 of the Act of 2000. Vide order dtd. 05/11/2015, the Board rejected the application giving rise to appeal before the appellate authority under Sec. 52 of the Act of 2000. By impugned order, the Appellate Court has also rejected the appeal and that is how, the juvenile is before this Court.

(3.) Learned counsel for the applicant argued that in the present case, the Board as well as the appellate authority have completely ignored the statutory mandate of Sec. 12 of the Act of 2000 under which, grant of bail is rule and rejection is exception to the general rule, only for the reasons exhaustively enumerated in the provision itself. It is further submitted that as per the report of the probation officer, there is nothing to show that release will bring the juvenile / applicant in association with any known criminals or is likely to expose him to moral, physical and psychological danger. Further submission is that no material was considered nor was available before the authorities to form an opinion that the release would otherwise defeat the ends of justice. Therefore, rejection of the application and appeal is illegal.