Allowed

X (Juvenile in Conflict With Law) v. State of Chhattisgarh

Chhattisgarh HC10 Mar 2023CRR/205/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal revision filed by a juvenile involved in a murder case. Relying on social status reports and Section 12 of the JJ Act, the court set aside the dismissal of the juvenile's appeal and granted bail subject to furnishing a bond.

What did the court decide?

CrPC revision allowed; impugned orders set aside; applicant granted bail on personal bond of Rs. 50,000/- with one surety and release to natural guardian.

X (Juvenile in Conflict With Law) Vs State… — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRR No. 205 of 2023

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X (Juvenile in Conflict with Law), S/o – Y, Aged about – 17 years, (Name, Father's Name and Address separately provided in closed envelope). ---- Applicant

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Versus

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State of Chhattisgarh, through – the Police Station – Kosir, District – Sarangarh Bilaigarh, Chhattisgarh. ---- Non-Applicant

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For Applicant : Shri Priyank Rathi, Advocate

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For State : Shri Avinash K. Mishra, Government Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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10.03.2023

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Heard.

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1. This criminal revision has been filed under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015, (for short, 'JJ Act'), against dismissal of appeal by the Children Court/Additional Sessions Judge, Fast Track Special Court (POCSO Act), Raigarh, Chhattisgarh in Criminal Appeal No.04/2023 order dated 05.01.2023 whereby, an order passed by the Juvenile Justice Board dated 16.11.2022 has been affirmed.

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1. Case of the prosecution, in short, is that on 29.06.2022, the present applicant was in company of the other co-accused persons in a vehicle, which was being driven by one Chinki @ Prashant, who dashed the deceased on the fateful day. The allegation against the present applicant is that he was present in the said vehicle alongwith other co-accused persons. Consequently, FIR was registered for the offence punishable under Sections 302, 307, 147, 148, 149/34 of

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the IPC against all the accused person including the present applicant.

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1. Learned counsel for the applicant would submit that the present applicant has not committed any offence, in fact, he was not aware of the intention of the main accused and he is a juvenile. He would further submit that earlier he was student of class-12th and social status report is in his favour. Therefore, he would pray for grant of bail to the present applicant.

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1. On the other hand, learned counsel for the State would oppose the revision and submit that though the present applicant is a juvenile but he has committed heinous offence of murder in company of the other co-accused persons. Therefore, he is not entitled to get any relief from this Court.

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1. I have heard learned counsel for the parties and perused the case diary as well as the social status report.

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1. In the social status report, it is stated that the applicant was the student of Class -12th and the applicant is a juvenile and considering that the present applicant was in company of the other co-accused persons in a vehilce, which was being driven by one Chinki @ Prashant, who dashed the deceased on the fateful day and according to Section 12 of the JJ Act, he is entitled to get bail, he is in observation home since 30.10.2022. Considering the above facts, I am inclined to allow this criminal revision. Accordingly, this criminal revision is allowed and impugned orders dated 05.01.2023 and 16.11.2022 are hereby set-aside.

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1. It is directed that on furnishing of a personal bond in the sum of Rs. 50,000/- by natural guardian of the applicant with

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one surety in the like sum to the satisfaction of the concerned Court, for appearance of the applicant as and when directed, the applicant shall be given in custody of his natural guardian.

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nadim

X (Juvenile in Conflict With Law) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

X (Juvenile in Conflict With Law) v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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