Tuesday, May 11, 2021
154,225FansLike
654,155FollowersFollow
0SubscribersSubscribe
Want create site? Find Free WordPress Themes and plugins.

Chhattisgarh HC grants bail to juvenile, says gravity of offence is not ground to reject bail

The petitioner submitted that the juvenile was falsely implicated in this case.

Want create site? Find Free WordPress Themes and plugins.

The Chhattisgarh High Court on Tuesday while allowing bail to a juvenile, observed that the gravity of the offence cannot be made a ground for rejection of bail to a juvenile.

A single-judge bench of Justice Rajesh Chandra Singh Samant was hearing a criminal revision petition filed by a juvenile through his father Haldhar Gonda, challenging the order dated 05.01.2021, passed by Additional Sessions Judge (F.T.C.)/Children Court, Bastar at Jagdalpur (C.G.), in Criminal Appeal No.37/2020, whereby the appeal preferred by the juvenile against the order of Principal Magistrate, Juvenile Justice Board, District Bastar in Criminal Case No. 39 of 2020 dated 25.11.2020, in which the juvenile has been denied bail.

In the petition, it was submitted that the juvenile was falsely implicated in this case. The social status report had been in favour of the juvenile despite that the Board and the Appellate Court both have given consideration to the gravity of the offence and rejected the application. Hence, the orders passed by the Board as well as by the Appellate Court are erroneous.

The state counsel opposed the petition, submitting that looking at the gravity of the case, the applicant is not entitled for grant of bail. The Board and the appellate Court have not committed any error in passing the rejection order. Hence, the revision petition be dismissed.

After hearing the counsel for the parties and persuading the documents placed on record, the High Court observed that the gravity of the offence cannot be made a ground for rejection of bail to a juvenile. There are specific circumstances to be made out according to the proviso to Section 12 (1) of Juvenile Justice (Care and Protection of Children) Act.

According to the social status report given by the Probation Officer, there appears to be no such circumstances present. Hence, this Court is of the view that the Board as well as the Appellate Court both have committed error by not appreciating the report of the Probation Officer. Therefore, the orders passed by the Board as well as by the Appellate Court both are not sustainable.”

“The order dated 05.01.2021, passed by learned Additional Sessions Judge (F.T.C.)/Children Court, Bastar at Jagdalpur (C.G.), in Criminal Appeal No.37/2020, is set-aside. It is directed that on furnishing a surety of Rs 25,000 along with a bond of same amount, which is to be of his father to the satisfaction of the concerned Juvenile Justice Board, for his appearance as and when directed, then the applicant shall be given in custody of his natural guardian,” ordered the High Court while allowing the Revision Petition.

Read Also: Allahabad High Court stays demolition of a residential complex near place of Buddha’s death

Did you find apk for android? You can find new Free Android Games and apps.

News Update

Health activist moves SC, seeks uniform protocol for Covid treatment, calls for national body of experts

The plea has been filed by health activist and public health expert Amulya Nidhi through AOR Abhimanue Shrestha and settled by Senior Advocate Sanjay Parikh.

Flight crew breath check: Delhi HC asks DGMS to consider if test can be held in open because of Covid aerosol fears

The counsel further submitted that the last order the DGCA, obtained data from various airlines which reveals that most of the airlines are conducting testing using breath analyzers, which is much higher than 10% and in some airlines, even close to 30%.

Kerala High Court directs Kochi civic body to widen drain before monsoon

A Single Bench of Justice Devan Ramachandran observed that it will not be possible for this Court to enter into the questions of encroachments at this time, because of the impending monsoons, which is likely to hit the shores of Kerala by the end of May or the first week of June, 2021.

Declare Covishield essential commodity, cap price at Rs 157 per vial, says plea in Supreme Court

The Petitioner while calling the pricing announced by SII discriminatory i.e. Rs 400 and Rs 700, further prays to impose price ceiling of Rs 157 and make it available to both Government and Private hospitals.

Dhankhar orders CBI investigation, but how?

The Supreme Court or a High Court can allow the CBI to carry out any probe. That has not happened in this case. The CBI did not approach any court of law.
Did you find apk for android? You can find new Free Android Games and apps.