ANJANA BANERJEE Vs. AAJAD KUMAR RATNA

JUDGEMENT

(1.) THIS is a revision under Section 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'code' for short) against the order dated 18-2-2002 passed by Sessions Judge, Satna, in Bail Application No. 80/2002, whereby respondent Aajad Kumar Ratna has been released on ad interim bail till the determination of his age for the purposes of Juvenile Justice Act.

(2.) THE facts leading to this revision petition are that a charge-sheet for the offence punishable under Sections 363, 364-A and 302 of IPC was filed against the respondent and one Saiyad Minjoor Abbas for kidnapping, demanding ransome and for committing murder of Baby Pushpita. The respondent moved an application before the Additional Sessions Judge, Satna, for grant of bail under Section 439 of the Code, claiming himself to be a juvenile. The learned Additional Sessions Judge, Satna, by his order dated 8-6-2001 granted the respondent ad interim bail till the determination of his age by the competent authority. In this order, the learned Additional Sessions Judge also directed that if on determination of age of the respondent, he is not found to be a juvenile, he shall surrender before the Court concerned.

(3.) PURSUANT to the aforesaid order of the Additional Sessions Judge, Satna, enquiry regarding determination of age of the respondent was made by the JMFC, Maihar. The learned Magistrate found that the respondent was not a juvenile at the time of commission of alleged offence. After this finding the learned Magistrate committed the case to the Court of Sessions, Satna.