LACHHU MUNDA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has filed this criminal revision application under Section 53 of the Juvenile Justice (Care and Protection of Child) Act against the order dated 6.3.2008 passed by the Judicial Commissioner, Ranchi in Criminal Appeal No. 241 of 2007 whereby the appeal preferred by the petitioner against the order dated 10.8.2007 passed by the Juvenile Justice Board in Khunti PS Case No. 10 of 2007 was dismissed and his prayer for bail was rejected.

(2.) THE petitioner is accused for offence under Section 394 of the Indian Penal Code and since he was assessed to be a juvenile on the date of the offence, he was forwarded to the Juvenile Justice Board and was remanded to the remand Home pending enquiry by the Juvenile Justice Board.

(3.) LEARNED Counsel submits that the prayer for bail has been rejected on extraneous considerations beyond the provisions of law and is based on mere conjecture and surmises and guess work. Learned Counsel explains that for the purpose of considering as to whether the release of the petitioner from custody would bring him in association with other known criminals or would cast adverse impact on the petitioner's mind, the Juvenile Justice Board ought to have obtained a report from the Probation Officer but such report was not obtained and the prayer for bail of the petitioner was refused both by the Board and by the lower appellate Court mainly on the ground that the offence alleged against the petitioner is serious.