K.N.Sinha, J. - (1.) The present revision has been filed against the judgment and order dated 5/2/2003 passed by Sessions Judge, Kanpur Nagar, in Bail application 51 of 2003 under Section 52 of Juvenile Justice Act, 2000, in which the judgment and order dated 3/1/2003 passed by Chief Metropolitan Magistrate. Kanpur Nagar, was challenged.
(2.) The brief facts giving rise to this revision are that the revisionist was detained in case crime No. 234/2002 under Sections 323/504/506 and 304 IPC Police Station Bithur, Kanpur Nagar. The revisionist moved an application before the Chief Metropolitan Magistrate, Kanpur Nagar, who declared him to be juvenile by order dated 3/1/2003 but refused the bail on the ground that the offence is of heinous nature and is exclusively triable by the court of sessions. An appeal against the said order was preferred but the Sessions Judge Kanpur Nagar, dismissed the appeal.
(3.) The factum of revisionist being juvenile had not been disturbed by the appellate Court but his appeal has been dismissed without applying mind or caring for the law. Section 12 of the Juvenile Justice (Care and Protection of Children) Act 2000, herein referred to Act is very clear on this point. The relevant portion of Section 12 runs as follows: 12. Bail of Juvenile (2) when any person accused of a bailable or nonbailable offence and apparently a juvenile, is arrested or detained or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat the ends of justice.;