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2004 Supreme(P&H) 1329

SATISH KUMAR MITTAL
Baljinder Alias Bantu – Appellant
Versus
U. T. Chandigarh – Respondent


Judgment

Satish Kumar Mittal, J.

1. Petitioner Baljinder alias Bantu, who is aged about 15 years and admittedly a juvenile, has filed this criminal revision against the order dated 15.9.2004, passed by Additional Sessions Judge, Chandigarh, whereby the appeal filed by him against the order dated 19.8.2004, passed by Principal Magistrate, Juvenile Court, Chandigarh, declining bail to him, has been dismissed.

2. Both the Courts below have declined bail to the petitioner on the ground that his release will defeat the ends of justice as he has committed the alleged offence in a barbaric manner. In this case, the petitioner is alleged to have put the kerosene oil on the body of Reena, aged 13 years, and set her on fire, when she refused to develop love affairs with him and have wrong things with him.

3. Counsel for the petitioner contends that while considering the application of bail of a juvenile, nature of the offence alleged to have been committed by him is not to be seen and granting of bail to a juvenile is mandatory. Bail to him can only be declined if there are reasonable grounds for believing that his release is likely to bring him in association with any known criminal or expos



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