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2005 Supreme(Chh) 87

V.K.SHRIVASTAVA
Mohan (In Jail) – Appellant
Versus
State Of Chhattisgarh – Respondent


ORDER

V.K. Shrivastava, J.

1. Heard.

2. The petitioner-Mohan, aged about 17 years, was found in possession of 34 liters and 507 milliliters of illicit liquor. The liquor was seized from him, and he was arrested for committing the offence under Section 34(1)(a) of the Excise Act. The petitioner filed an application under Section 12 of the Juvenile Justice (Care and Protection of the Children) Act, 2000 (henceforth 'the Act') for grant of bail. The Juvenile Justice Board rejected his application vide order dated 5-1-2005. Disgruntled with the said order, he preferred an appeal under Section 52 of the Act before Sessions Judge, Raipur. Learned Sessions Judge, Raipur, after hearing both the parties, maintained the finding of the Juvenile Justice Board to the effect that there is reason to believe that the petitioner may come into association with criminals connected with the crime for which the petitioner was arrested and his release would defeat the ends of justice, and accordingly dismissed his Criminal Appeal No. 16/2005 vide order dated 18-1-2005.

3. The petitioner, instead of filing revision, applied under Section 439 of the Code of Criminal Procedure before this Court for releasing h
















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