Vikash @ Bhuru Sahu Juvenile v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRR No. 841 of 2015 • Vikash @ Bhuru Sahu (Juvenile), S/o Shri Lekhram Sahu, aged about 17 years, through his legal/natural guardian Father Lekhram Sahu, S/o Dhaneshram Sahu, aged about 40 years, R/o Village Gourkheda, Post Office & Police Station Kharora, Distt. Raipur (CG) ---- Applicant In Jail

Versus

• State Of Chhattisgarh Through the Station House Officer, Police Station Nevra District Raipur (CG) ---- Respondent For applicant :

Shri Shivendu Pandya, Advocate For Respondent :

Shri Ravindra Agrawal, PL Hon'ble Shri Justice Pritinker Diwaker Order On Board 11/12/2015 This revision is against the order dated 28.8.2015 passed by the Special/Additional Sessions Judge, Raipur in Criminal Appeal No. 139/2015 affirming the order dated 13.8.2015 passed by the Juvenile Justice Board, Mana, District Raipur in criminal case No. 127/2015 by which the application for release of the applicant was rejected.

2.

According to the case of prosecution, on 11.10.2014 at about 4 pm the applicant along with two other major accused persons committed the murder of Bishelal on account of dispute over liquor and after investigation the case under Sections 302/34 IPC and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was registered against them. 3.

As per the report submitted by the Probation Officer, the applicant is a boy of criminal tendency, has come under the influence of bad company and has turned a liquor addict, his conduct according to the neighbours was not

good, he is a vagabond and used to grow aggressive. The report at the same time also mentions that keeping in mind the interest of the accused, it would be proper to keep him under regular surveillance. 4.

Thus from the report of the Probation Officer and keeping in view the well being of the accused/applicant, this Court is of the opinion that the release of the applicant at this stage may convert him into a hardened criminal by bringing himself into the association of known criminals and therefore, it would be in the interest of justice to keep him in proper surveillance so that the very object of section 12 of the Juvenile Justice (Care and Protection) Act is not defeated.

5.

The revision is accordingly dismissed.

Sd/ (Pritinker Diwaker) Judge Khan