GHASI RAM MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) This revision at the instance of the petitioner stands directed against the impugned judgment dated 8-1-2004 passed in Criminal Appeal No. 164 of 2003 by Shri Prakash Chandra Agrawal, Additional Judicial Commissioner, Fast Track Court No. 3, Ranchi whereby and whereunder the order dated 19-11-2003 passed in G.R. Case No. 3195 of 2002 refusing the prayer for bail of the petitioner was affirmed.

(3.) It appears that the said peti-tioner is being prosecuted for the offence under Sections 147, 148, 323, 384,435 and 427 of the Indian Penal Code and under Section 27 of the Arms Act besides under Section 17 of the C.L.A. Act in Silli Police Station Case No. 43 of 2002 corres-ponding to G.R. No. 3195 of 2002 along with other co-accused persons and in the said occurrence the Jeep belonging to the construction company was burnt when the demand of the levy amount was not fulfilled as demanded by the banned terrorists organization and this peti-tioner is alleged to be the member of the said terrorist organization having parti-cipation in the occurrence in question. It further appears that vide order dated 22-8-2003, the case of this petitioner was referred to the Court of Additional Chief Judicial Magistrate, Ranchi by the Court of Shri B.V. Gautam, 1st Class, Judicial Magistrate, Ranchi for enquiring as to whether the petitioner as a juvenile delinquent or not. The Court of Additional Chief Judicial Magistrate on enquiry held that the said petitioner is a juvenile below the age of 17 years on the day of the occurrence. The said juvenile court finding the allegation serious, refused to enlarge the petitioner on bail and his petition for bail was rejected.