TEJRAM NAGRACHI JUVENILE Vs. STATE

JUDGEMENT

(1.) These two bail applications under Section 439 of the Code of Criminal Procedure (for short 'the Code') have been placed before us for answering the reference made by the learned Single Judge while deferring with the view taken by the coordinate Bench in the matters of Mohan Vs. State of CG, 2005 CrLJ 3271 : 2005 SCC OnLine Chh 126} followed in Subhash Kumar @ Sonu Vs. State of Chhattisgarh {MCrC No.5651/2014, order dated 28.11.2014}. While the view in Mohan and Subhash Kumar @ Sonu was that despite the provisions contained in Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000, which is pari materia to the Juvenile Justice (Care and Protection of Children) Act, 2015 (henceforth 'the Act of 2015'), the bail application under Section 439 of the Code is maintainable before the Sessions Court and the High Court, correctness of the view has been doubted by the learned Single Judge and the following question has been referred for decision by a Bench of Two Judges:-

(2.) In Mohan (Supra), it is held in para-13 that the Act does not take away the power and jurisdiction of the High Court or Court of Session regarding bail as provided under Sections 438 and 439 of the Code. Similar view was taken by another coordinate Bench in the matter of Subhash Kumar @ Sonu, referred to above, holding thus at para-12:-

(3.) Taking contrary view, the learned Single Judge would conclude thus at para-18 of the Reference Order:-