BIRENDRA EKKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition has been filed by the applicant against the order dtd. 14/10/2015 passed by Additional Sessionsl Judge (FTC) Baikunthpur in Criminal Appeal No. 36/2015 dissmissing the appeal preferred by him against the order dtd. 17/9/2015 passed by the Juvenile Justice Board, Baikunthpur.

(2.) As per the case of prosecution, on 23/7/2015 the accused/applicant and two other family members namely Chhotelal and Nilesh Ekka caused injury to Jaljit and Paras. All of them are being prosecuted in crime No. 126/2015 for the offences punishable under Ss. 341, 294, 506-B, 323, 324 and 307 IPC. The application prefered by the applicant in Juvenile Justice Board, Baikunthpur under Sec. 12 of the Juvneile Justice (Care and Protection of Children) Act, 2000 (for short the "Act of 2000") for grant of bail was rejected on 17/9/2015. The order of the Juvenile Justice Board, on appeal, has also been confirmed by the order impugned. Hence this revision.

(3.) Counsel for the applicant submits that main accused Chhotelal and Nilesh have already been granted bail by this Court under Sec. 439 Cr.P.C. whereas the present applicant being minor is in juvenile home since 12/8/2015. He submits that both the Courts below have erred in law in rejecting the bail application as also the appeal filed by the applicant. He submits that the provisions of Sec. 12 of the Act of 2000 have been completely ignored by both the Courts below. According to the counsel for the applicant the report of the Probation officer does not indicate anything against the applicant, rather it says that having been influenced with his father and elder brother, the applicant has committed the offence otherwise he never indulged in such offences. Referring to the report of the Probation Officer, he further submits that it would be just and proper if by giving sympathetic considertion the accused/applicnat is relealsed on bail and if the same is done he is not likely to repeat the offence.