CHITTARANJAN @ BISWAJIT SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Addl. Standing Counsel.

(2.) The L.C.R. is received from the 3rd Addl. Dist. and Sessions Judge-cum-P.O., C.C., Cuttack (I/c) along with explanation. Perused the explanation and the same is accepted.

(3.) Learned counsel for the petitioner submits that the learned Principal Magistrate Juvenile Justice Board, Cuttack in J.J.C. No. 13 of 2018 has rejected the bail of the present petitioner who was earlier forwarded under Section 302 I.P.C., but later on charge sheet has been submitted under Section 306 I.P.C. According to him, the JJB, Special Court, Cuttack considered the bail application of the petitioner as if the bail application is filed by an adult person. According to him under section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "the Act"), the petitioner being a juvenile is entitled for bail. There is neither any observation of the JJB nor of the Special Court that the bail is liable to be rejected for the three reasons as mentioned in Section 12 of the Act.