Rajkumar @ Raju vs State Of Chhattisgarh
2021 Latest Caselaw 3480 Chatt

                                                1

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                              Criminal Revision No. 768 of 2021

    1. Rajkumar @ Raju, S/o Wiliam Jhon, aged about 17 years, through Natural Guardian
       Father Wiliam Jhon
    2. Gulshan Das @ Motu @ Chotu, S/o Jhadu Das Mahant, aged about 13 years,
       through Natural Guardian Father Wiliam Jhon
       Both R/o Aramachine Jhopadi, Op. Rampur P.S. Kotwali Korba, District Korba,
       Chhattisgarh
                                                                        ----- Applicants
                                        versus
     State of Chhattisgarh, Through Post Rampur, P.S. Kotwali, District Korba,
       Chhattisgarh
                                                                      ----- Respondent

06/12/2021 Shri Anshul Tiwari & Shri Mirza Kesar Baig, Advocates for the applicants.

Dr.(Ms.) Veena Nair, Deputy Advocate General for the State.

Heard on I.A. No. 1 of 2021, application for suspension of sentence and

grant of bail to the applicants.

This revision has been filed under Section 102 Juvenile Justice Act against

the judgment dated 22.09.2021 passed by Additional Sessions Judge

(FTC)/Children Court, Korba (C.G.) in Criminal Appeal No. 22/2021 wherein the

Appellate Court has dismissed the appeal which was filed against the judgment of

conviction and order of sentence dated 03.03.2021 passed in Criminal Case No.

978/2010 by the Juvenile Justice Board, Korba.

By the judgment dated 03.03.2021, each of the applicants has been

convicted under Section 376 (2) (N) of IPC & sentenced to undergo S.I. for 3

years with fine of Rs.2,000/-.

Considering the entire facts and circumstances of the case available on

record, written complaint (Ex.-P/1), F.I.R. (Ex.-P/2), medical report of the

prosecutrix which is not exhibited in this case, it is not proved that the prosecutrix

was examined on the same day, without commenting anything on merits of the

case, I am inclined to release the applicants on bail. Accordingly, the application

(I.A. No. 1/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon

the applicants shall remain suspended during the pendency of this revision and

they shall be released on bail on furnishing a surety of Rs.1,00,000/- along with a

bond in the sum of Rs.50,000/- each, which is to be of the natural guardian

mother/father of each of the applicants, to the satisfaction of the concerned

Juvenile Justice Board, for their appearance as and when required before

Juvenile Justice Board, the applicants-juveniles shall be given in custody of their

natural guardian mother/father.

Certified copy today.

List this revision for final hearing in due course.

Sd/-

(Gautam Chourdiya) Judge

vatti