ABRAHIM KHRISTIAN AND ANR. Vs. STATE OF ORISSA

JUDGEMENT

(1.) This revision petition under Sec. 38 of the Juvenile Justice Act, 1986 (hereinafter referred to as the 'Act') has been tiled by Abrahim Khristian and Jahar Khristian challenging the order dated 3 -9 -1988 passed by the Sub -Divisional Judicial Magistrate, Nawapara in G.R. Case No, 102 of 1988 rejecting their application under Sec. 18 of the Act for being released on bail.

(2.) As the impugned order reveals, the learned Magistrate on consideration of the application filed by the Petitioners was not inclined to accede to the prayer for their release on bail and directed that they should be kept in the observation home at Berhampur. The reasons that appear to have weighed with the learned Magistrate are that the Petitioners belong to Andhra pradesh, out of six persons involved in the case, all of them appearing to be juveniles; only two have been arrested so far, huge amount is involved in the theft case investigation is not yet complete; and release of the two Petitioners may provide them, opportunity for associating with other criminals who are at large and the ends of justice may be defeated if these Petitioners jump bail and leave Orissa during pendency of the investigation and trial.

(3.) On behalf of the Petitioners it is urged that while passing the impugned order the learned Magistrate has failed to pay due attention to the provisions of the Act and the procedure followed therein. The learned Counsel for the Petitioners contended that it appears from the impugned order that the learned Magistrate has considered the application as any other application for bail in a criminal case and this erroneous approach has vitiated the order.