LALCHAND YADAV @ DALCHANDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 is directed against the order impugned dated 19.11.2010 passed by Sessions Judge, Garhwa in Cr. Appeal No. 48 of 2010 by which the prayer for bail of the Petitioner (juvenile), which was rejected by the Juvenile Justice Board, Garhwa on 21.09.2010 in Ranka P.S. Case No. 32 of 2010 for the alleged offence under Sections 341/323/504/506/386/34 of the Indian Penal Code as also under Section 17 of the Criminal Law Amendment Act, was affirmed and the appeal was dismissed.

(2.) Learned Counsel appearing on behalf of the Petitioner submitted that all the sections except Section 386 I.P.C. were bailable in nature and no overt act was attributed against the Petitioner in such alleged demand of extortion money. His name was simply given in the F.I.R. without his participation whatsoever in the alleged crime.

(3.) The learned Juvenile Justice Board, Garhwa, rejected the prayer of the Petitioner on the ground that his prayer was earlier rejected by Sessions Judge under Section 439 Code of Criminal Procedure and that, his release would bring him into associations with known criminals or expose him to moral, physical or psychological danger or his release would defeat the ends of justice. Without explaining these all grounds, the Sessions Judge, Garhwa refused the bail of the Petitioner almost on the similar ground simply by copying the 'exception clause', as contained in Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2000.