A Juvenile With Conflict With Law vs State Of Chhattisgarh
2022 Latest Caselaw 1031 Chatt

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                                                                               NAFR
                   HIGH COURT OF CHHATTISGARH, BILASPUR
                           Criminal Revision. No. 203 of 2022

      A juvenile with conflict with law S/o Suresh Singore aged about 16 years,
       R/o Village Ruhi Tehsil and Police Station Patan, District Durg (C.G.)
       Through Guardian mother Ishwari Singore aged about 40 years, R/o Village
       Ruhi Tehsil and Police Station Patan, District Durg
                                                                        ---- Applicant
                                       Versus
      State of Chhattisgarh Through- The District Magistrate, District Durg (C.G.)
                                                            ---- State/Non-Applicant

  For Applicant               :   Shri Avinash Chand Sahu, Advocate
  For Non-Applicant/State     :   Shri Kashif Shakeel, Deputy Advocate General

                   Hon'ble Shri Justice Gautam Chourdiya, J
                                Order on Board
24.02.2022
   1.

Heard on I.A. No. 01/2022, application for temporary bail.

2. This criminal revision under Section 102 of the Juvenile Justice (Care and

Protection of Children) Act read with Section 397/401 of Cr.P.C. has been

preferred against the judgment dated 21.01.2022 passed by the Additional

Sessions Judge, District Durg (C.G.) in Criminal Appeal No. 11/2022,

upholding the order dated 12.01.2022 passed by the Principal Magistrate,

Juvenile Justice Board, Durg, District Durg (C.G.) rejecting the bail

application of the applicant in connection with Crime No. 243/2021

registered at Police Station Patan, District Durg, C.G. for the offence

punishable under Sections 147, 148, 149, 427, 307, 456, 294, 506B, 323/34

of IPC.

3. Alongwith covering memo, counsel for the applicant has today filed letter

dated 23.02.2022 issued by Mother's Pride Sr.Sec. School, Khamhariya

(Motipur), Tah.- Patan, District Durg (C.G.). The said document is taken on

record.

4. Learned counsel for the applicant submits that the applicant/juvenile is a

student of Mother's Pride Sr.Sec. School, Khamhariya and his Pre-Board

Examination will commence from 2nd March, 2022 which is evident from the

letter dated 23.02.2022 issued by Mother's Pride Sr.Sec. School,

Khamhariya (Motipur), Tah.- Patan, District Durg (C.G.). Term-II Pre-Board

Examinations Timetable is annexed with application (I.A. No. 01/2022). He

prays for releasing the applicant on temporary bail for limited period.

5. State counsel has no objection.

6. Considering the facts and circumstances of the case, considering Term-II

Pre-Board Examinations of the applicant as also letter dated 23.02.2022 of

Mother's Pride Sr.Sec. School, Khamhariya, without commenting anything

on merits of the case, this Court is of the opinion that present is a fit case to

release the applicant on temporary bail.

7. Accordingly, I.A. 01/2022, application for temporary bail, is allowed.

8. It is directed that the applicant shall be released on temporary bail from

25.02.2022 till 21.03.2022 on furnishing two surety bonds of Rs.50,000/-

each, one of which is to be of the natural guardian of the juvenile, to the

satisfaction of the concerned Juvenile Justice Board, for his appearance as

and when required before Juvenile Justice Board and the applicant-juvenile

shall be given in custody of his natural guardian. The applicant/juvenile shall

surrender before the concerned Juvenile Justice Board positively on

21.03.2022.

9. Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge vatti