Decided on April 15,2005

Bharat @ Bhrat Appellant


SUNIL KUMAR SINHA,J. - (1.) In this revision, filed under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter referred to as the "Act 2000"), the two juveniles namely Bharat @ Bhrat and Shobha @ Sunny have called in question the legality and propriety of the order dated 15-2-2005 passed in Criminal Appeal No. 36 of 2005 by the Sessions Judge, Raipur, arising out of the order dated 19-1-2005 passed in Criminal Case No. 462 of 2004 by the Juvenile Justice Board, Raipur (CG). The Board had dismissed the bail; application of these juveniles filed under Section 12 of the Act 2000 by the said order dated 19-1-2005 which was confirmed in appeal filed under Section 52 of the aforesaid Act.
(2.) Briefly stated facts giving rise to the filing of the present revision are as follows :-- These two juveniles were arrested on 4-12-2004 at 18.00 hours in connection with Crime No. 584/2004 registered at Police Station, Mahasamund for the offence punishable under Section 363 read with Section 34 of the IPC. Their first remand was taken by the police on 5-12-2004 and they were sent to the Samprekshan Grih at Mana (Raipur) in judicial custody for further production on 18-12-2004 before the Chief Judicial Magistrate (Member of the Board). Thereafter, on subsequent dates time was granted to the prosecution for filing the charge-sheet and ultimately on 22-12-2004 the charge-sheet was filed against the 3 persons (adding one more juvenile namely Kuleshwari). It was stated by the prosecution that on 21-12-2004, when these two juveniles (applicants) were taken to the hospital by the police, they ran away on the way while they were returning from the Hospital to the Samprekshan Grih. On this assertion, warrant of arrest was issued against them. However, on 5-1-2005 they themselves surrendered before the Juvenile Board by filing an application through their Counsel. Thereafter, on 19-1-2005, an application for releasing them on bail was filed and the same was rejected by the Board vide order dated 19-1-2005. It is against this order, an appeal was filed before the Sessions Judge which was rejected by impugned order dated 15-2-2005 which has been challenged in the present revision. This Court called for the records of the Juvenile Justice Board as well as the Appellate Court on 21-3-2005.
(3.) Learned Counsel for the applicants submits that the juvenile Justice Board as well as the Appellate Court lost sight of the mandatory provisions of Section 12 of the Act 2000 and committed an error of law by rejecting the bail application filed by the applicants. She refers to the various provisions of the Act and argues that the word like "shall" used in Section 12 is writ large to show that the Board was under mandatory obligation to release the applicants on bail when there was no dispute regarding their age and one of the co-accused namely Kuleshwari has been released on bail by the Board itself.;

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