MUNNI DEVI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The impugned order, dated 09.07.2020 passed by the learned Additional District and Sessions Judge (In-Charge) Bench-II, City Sessions Court, Calcutta in connection with Sessions Case No. 40 of 2018 under Section 302/34/394 of the Indian Penal Code, thereby rejecting the prayer for bail is a subject of challenge in this case, under the behest of Section 102 of the Juvenile Justice Act, 2015 read with Section 397 and 401 of the Code of Criminal Procedure.

(2.) Learned advocate Mr. Bhattacharyya representing the petitioner had challenged the legality and propriety of the impugned order alleging the in appropriate manner of discharge of judicial function by the court below.

(3.) As regards the illegality committed by the court below, Mr. Bhattacharyya contended that the statutory provision contained in Section 12 of the Juvenile (Care and Protection of Children) Act, 2015 had not been duly complied with, while making rejecting of the prayer for bail. Alleging such illegality for want of supplying explicit reasons in terms of the proviso appended to Section 12(1) of the Act referred above, the impugned order was alleged to be falling sort of propriety of the order, supposed to be discharged by the court below.