Mohan Kumar Sonkar Juvenile v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Revision No. 987 of 2015 Mohan Kumar Sonkar ( Juvenile ) S/o Sontosh Kumar Sonkar Aged About 18 Years R/o Nayapara, Mahimasagar Ward, Dhamtari, Post Office & Police Station - Dhamtari, District - Dhamtari Chhattisgarh Through His Legal/natural Guardian Father Santosh Kumar Sonkar S/o Ghasuram Sonkar, Aged About 40 Years, R/o Nayapara, Mahimasagar Ward, Dhamtari, Post Office & Police Station - Dhamtari, District - Dhamtari Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station - Rudri, District - Dhamtari Chhattisgarh ----Non-Applicant For Applicant:

Shri Shivendu Pandya, Advocate.

For Non-Applicant/State:

Vaibhav A. Goverdhan, Panel Lawyer.

Single Bench:

Hon'ble Shri P. Sam Koshy, J Order On Board 11.7.2016 1.

The present revision has been preferred by the Applicant against the order dated 17.8.2015 passed by the Additional Sessions Judge, Dhamtari whereby the revisional Court has rejected the revision preferred by the present Applicant against the order of the Juvenile Justice Board in Criminal Case No.46/2014 denying bail to the Applicant.

2.

Learned Counsel for the Applicant submits that so far as this case is concerned, this Court, in respect of another juvenile namely Dharmendra Sonkar in Criminal Revision No.68/2016 vide order dated 1.7.2016 for the same offence, has granted bail. He further submits that the present Applicant is in jail since 23.7.2014 and as such he has already remained in the observation house for about 2 years and so far as the facts of the present

case are concerned, they are identical to that of Dharmendra Sonkar and prays for grant of same relief.

3.

Learned State Counsel, on going through the order dated 1.7.2016 passed in Criminal Revision No.68/2016, does not dispute the factual matrix of the case.

4.

For the foregoing reasons, this Court is inclined to grant the same relief to the present Applicant also. Accordingly, the present Revision is allowed. The impugned order dated 17.08.2015 is set aside. It is directed that the Applicant shall be released on bail on his and one of his guardians furnishing a personal bond for the sum of Rs.25,000/- with two sureties in the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.

Sd/- (P. Sam Koshy) JUDGE Priya