Chandan Kesri vs State of Bihar and Another

Narayan Roy, J.—Basically, the prayer of the petitioner by this application is to release him on bail. It is stated that earlier criminal miscellaneous application was filed under Sections 439 and 440 of the Code of Criminal Procedure but the stamp reporter raised objection about the maintainability of this application as the order impugned was passed by the learned Sessions Judge in criminal appeal holding as to whether the petitioner is juvenile or not.

On reading of the impugned judgment of the learned Sessions Judge it appears to me that the petitioner has been held to be a juvenile but at the same time, his prayer for bail has been rejected. Against rejection of the prayer for bail, the petitioner is entitled to come to this Court by filing an application under Sections 439 and 440, Cr.P.C. and, therefore, no objection should have been raised by the stamp reporter.

Under the circumstances, the petitioner is permitted to convert this application into an application under Sections 439 and 440, Cr.P.C.

Let this case after conversion be placed before an appropriate Bench.