Murli @ Mukesh Yadav vs The State Of Chhattisgarh
2021 Latest Caselaw 3043 Chatt

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             HIGH COURT OF CHHATTISGARH, BILASPUR
                          Order Sheet
                         Criminal Appeal No. 398 of 2020

   Murli @ Mukesh Yadav, son of Late Ramadhar Yadav, aged about 17 years (Now 18
    years), resident of Purani Basti, Junwani Ward No. 1 Bhilai Chowk, Jevra-Sirsa,
    District Durg, Chhattisgarh

                                                                            ----- Appellant   s




                                        versus
   The State of Chhattisgarh, Through the Station House Officer, Police Station
    Pulgaon, District Durg, Chhattisgarh
                                                                   ----- State/Respondent

08/11/2021 Ms. Priya Sharma, Advocate for the appellant.

Ms. Deepti Shukla, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A. No. 1 of 2020, application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to appellant.

By the impugned judgment dated 07.02.2020 passed by the Additional Sessions Judge (FTC), Juvenile Court, Durg (C.G.) in Special Juvenile Sessions Trial No. 02/2020, the appellant stands convicted and sentenced as under:

                              Conviction                              Sentences
                   Under Section 307 of the Indian         R.I. for three years and fine of
                   Penal Code (hereinafter referred        Rs.1,000/-,    in   default   of
                   to as the 'IPC')                        payment of fine to further
                                                           undergo additional R.I. for two
                                                           months

Considering the material available on record, particularly considering

the nature of injury sustained by the victim, the age of the appellant, he is in

custody since 07.02.2020, he has suffered more than half of the jail

sentence and he was on bail during trial, he has deposited fine amount

imposed on him, and that disposal of this appeal is likely to take some time,

without further commenting on merit, I am of the opinion that present is a fit

case to suspend the jail sentence imposed upon the appellant and to

release him on bail.

Accordingly, the application (I.A. No. 01 of 2020) is allowed.

It is directed that the execution of substantive jail sentence imposed

upon appellant shall remain suspended during the pendency of this appeal

and he shall be released on bail on his furnishing a personal bond in the

sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the

satisfaction of the trial Court. He shall appear before the Registry of this

Court on 10th January, 2022 and thereafter shall appear before the trial

Court on a date to be given by the Registry and shall continue to appear

there on all such dates as are given to him by the said Court till disposal of

this appeal.

List this appeal for final hearing in due course.

Certified copy as per rules.

Sd/-

(Gautam Chourdiya) Judge

vatti