LAWS(ALL)-1998-8-47

AMIT Vs. STATE OF UTTAR PRADESH

Decided On August 28, 1998
AMIT Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Bail prayer on behalf of the applicant is pressed on the ground that he is assigned the role of exhortation and conspiring with actual assailants and that the applicant's age is below 16 years and thus he is juvenile. Learned A. G. A. submits that considering heinous nature of the offence the applicant is not entitled to bail.

(3.) The plea regarding age of the applicant was also taken before the learned Sessions Judge. It is really shocking that the learned Sessions Judge without adverting to the provisions of the Juvenile Justice Act, 1986 (hereinafter referred as the Act) brushed aside the arguments by observing that merely on the ground that the applicants are minors they are not entitled to bail.