- (1.) This Criminal Revision has been preferred under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 for setting aside the order impugned dated 24.06.2010 passed by the Sessions Judge, Sahibganj in Criminal Appeal No. 22 of 2010 by which the prayer for bail of the Petitioner rejected by the Juvenile Justice Board, Sahibganj was affirmed and the appeal was dismissed.
(2.) The prosecution case in short was that there was direct allegation against the Petitioner-juvenile that he had fired two shots on the nephew of the informant as a result of which he succumbed his injuries. The juvenility of the Petitioner was challenged but the Court in Criminal Appeal No. 475 of 2010 found the Petitioner juvenile by the order dated 19.08.2010.
(3.) Prayer for bail of the Petitioner was rejected by the learned Sessions Judge only on the ground that alleged offence was heinous in nature and the matter of declartion of the Appellant (Petitioner) as juvenile was subjudiced before this Court. It was further observed that the release of the Petitioner would defeat the ends of justice and there was enmity between the parties. Finally, it was stated by the Sessions Judge that the release of the Petitioner would expose him to moral, physical and psychological danger.;