SAMEER S/O MURSHLEEN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS criminal revision has been filed by the revisionist for quashing and setting aside the judgment and order dated 23.01.2014 passed by the learned District and Sessions Judge, Haridwar in Misc. Criminal Appeal no.01 of 2014 "Sameer Vs. State of Uttarakhand". Bail application has also been moved on behalf of the applicant/revisionist seeking bail in Case Crime no.325/2013 under Section 363, 366 -A, 376, 323, 504, 506 of I.P.C. and 3/4 Protection of Children from Sexual Offences Act, Police Station Kotwali Roorkee, District Haridwar.

(3.) LEARNED counsel for the revisionist submitted that revisionist was arrested in connection with Case Crime no.325/2013, under Section 363, 366 -A, 376, 323, 504, 506 of I.P.C. and 3/4 Protection of Children from Sexual Offences Act. He submitted that the revisionist is in jail since 28.11.2013. He submitted that the applicant produced a copy of certificate issued by the Principal of K.L.D.A.V. Inter College, Roorkee, District Haridwar and after considering the certificate issued by the Principal, the remand magistrate accepted the remand under Juvenile Justice Act and sent the revisionist to juvenile home. On 24.12.2013, the Principal Judge, Juvenile Justice Board, Haridwar rejected the bail application of the revisionist. Against the order dated 24.12.2013, Misc. Criminal Appeal No.10 of 2014 was preferred by the revisionist before the District and Sessions Judge, Haridwar, under Section 52 of Juvenile Justice (Care and Protection of Children) Act, 2000, seeking his release on bail in the above mentioned case. Vide order dated 23.01.2014, bail application of the revisionist has been rejected. Learned counsel for the revisionist argued that the order passed by the Juvenile Justice Board is incorrect on account that before rejecting the bail application of the revisionist, the Juvenile Justice Board has not considered the plea of the revisionist that he is juvenile.