INDAR TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Criminal Revision has been preferred challenging the order dated 01.02.2016 passed by the Sessions Judge, Surajpur, Distt. Surajput, in Criminal Revision No.01/2016 whereby the revision (which ought to have been appeal) preferred by the Applicant under Sec. 12 of the Juvenile Justice (Care And Protection of Children) Act 2000 (hereinafter 'the Act, 2000') was rejected dismissing the revision against the order of rejection of bail by the Court below on 13.01.2016 in Crime No. 70/2016.

(2.) Case of the prosecution in brief is that the applicant, minor, and two other accused persons (who were major), are said to have engaged/hired one Bolero Car from Vindhya Nagar, Uttar Pradesh to visit Kudargarh, Chhattisgarh for religious purpose. It is said that en route the applicant along with other accused persons near Harai Nala at Biharpur, Distt. Surajpur, Chhattisgarh, is said to have stopped the Car and assaulted the driver of said Car. In the course, it is also said that the present applicant fired bullet shot upon the driver due to which he succumbed, thereafter they had thrown the body of driver and fled away with the Bolero Car. Initially an FIR was lodged against the unknown person, subsequently during the course of investigation it was found that it was the applicant and two other accused persons who have committed the crime. Pistol was also seized from the possession of the present applicant.

(3.) Learned Counsel for the Applicant submits that as per Sec. 12 of the Act, 2000, for the purpose of releasing the juvenile on bail, the gravity of offence is not to be seen. It is further submitted that there is no evidence whatsoever to implead the applicant. The applicant is a minor and the maximum sentence which could be imposed is three years out of which he has already remained at observation home for a period of ten months, and therefore, it is a fit case where the applicant can be enlarged on bail.