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1988 Supreme(Ori) 89

D.P.MOHAPATRA
ABRAHIM KHRISTIAN – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Y. Mohanty, for the Appellant; Standing Counsel, for the Respondent

JUDGMENT :

D.P. Mohapatra, J. - This revision petition u/s 38 of the Juvenile Justice Act, 1986 (hereinafter referred to as the 'Act') has been tiled by Abrahim Khristian and Jahar Khristian challenging the order dated 3-9-1988 passed by the Sub-Divisional Judicial Magistrate, Nawapara in G.R. Case No, 102 of 1988 rejecting their application u/s 18 of the Act for being released on bail.

The Petitioners are involved in the aforementioned case in which cognizance has been taken u/s 379134 IPC. The allegation against the Petitioners is that on 19-7-1988 they were found stealing a bag containing currency worth Rs. 25,000/- belonging to one Kamal Kumar Dewangan. The further allegation is that some of the persons who have been examined in course of investigation u/s 161 Code of Criminal Procedure have stated that tile bag of Kamal Kumar Dewangan was recovered from the Petitioners and a sum of Rs. 15,000/- was found in it.

2. As the impugned order reveals, the learned Magistrate on consideration of the application filed by the Petitioners was not inclined to accede to the prayer for their release on bail and directed that they should be kept in the observation home at Berhampur. The reasons




















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