Surseh s/o Barsati (In Jail) vs State of U.P.

Virendra Saran, J.—Heard the learned counsel for the applicant. The applicant is involved in Crime No. 46 of 1993 of P. S. Rohania, district Varanasi under Sections 147, 148, 149, 3Q7, 3^2, 324 and 323, 1. P. C. He applied for bail before the learned Sessions Judge, Varanasi who by his order dated 2561993 rejected the application on the ground that the applicant has not approached the Juvenile Court. The applicant applied for bail in the Juvenile Court, but the Juvenile Court observed that since the remand has been granted by the C, J. M. and no proof of the applicant being juvenile having been produced before the C. J. M , he rejected the bail application of the applicant by his order dated 138 93.

The approach of the Juvenile Court is wholly erroneous. In case the applicant is a juvenile, the Juvenile Court has jurisdiction to grant him bail under Section 18 of the Juvenile Justice Act, 1986.

It is, therefore, directed that the Juvenile Court, Varanasi shall, on production of a certified copy of this order, summon the applicant from Jail and Superintendent district Jail, Varanasi shall produce the applicant before the Juvenile Court. In case the applicant appears to be a Juvenile, the learned Juvenile Court shall dispose of his bail application, as far as possible, within three days In case there is doubt that the applicant is a juvenile, the learned Juvenile Court shall forward the applicant for medical examination for ascertaining .the age of the applicant The Chief Medical Officer, Varanasi is directed to examine the applicant and submit his report within 3 days from the examining of the applicant to the Juvenile Court, Varanasi regarding the age of the applicant.

With the above directions/observations the revision is finally disposed of.

Revision disposed of.