Xyz vs State Of Chhattisgarh
2022 Latest Caselaw 2160 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRR No. 373 of 2022

 Xyz Nill

                                                                  ---- Applicant
                                    Versus

 State Of Chhattisgarh Through Chowki Fastarpur P. S. Mungeli, District Mungeli
  Chhattisgarh
                                                              ---- Non-Applicant




05/04/2022

Shri Dheerendra Pandey, counsel for the Applicant.

Ms. Binu Sharma, Panel Lawyer for the State/Non-Applicant.

Heard on admission.

Admit.

No notice is required to be issued as Ms. Binu Sharma,

learned Panel Lawyer has accepted notice on behalf of the State/

Non-Applicant.

Also heard on I.A.No.1/2022, an application for suspension of

sentence and grant of bail.

By virtue of the impugned judgment dated 17.02.2022,

passed in Criminal Appeal No.01/2022, whereby the learned Special

Judge, (FTSC) POSCO Act, Mungeli, District Mungeli(CG), while

affirming the judgment dated 22.12.2021, passed by the Principal

Magistrate, Juvenile Justice Board, Mungeli in Criminal Case

No.20/2015, has convicted the Applicant and sentenced in the following manner:-

Conviction                   Sentence
U/s 302, 34 of the IPC       Order to be sent to a special home for
                             a period of 1 year and Law disputed
                             juvenile is ordered to pay a fine of
                             Rs.2000/-

Learned counsel for the Applicant submits that the Applicant

was on bail during trial as well as before the lower appellate court

and has not violated the terms and conditions imposed upon him. It

is contended further that since the revision petition will take some

time for its final disposal, therefore, the jail sentence imposed upon

the Applicant be suspended and he may be released on bail.

On the other hand, learned counsel for the Non-

Applicant/State has opposed the said application.

Having considered the aforesaid contention of the learned

counsel for the parties and considering further that the Applicant

was on bail before the trial court as well as before the lower

appellate court and has not violated the terms and conditions

imposed upon him, I am inclined to allow the application.

Accordingly, the application is allowed and it is directed that

the substantive jail sentence imposed upon the Applicant shall

remain suspended during the pendency of this revision and he shall

be released on bail on furnishing a personal bond in sum of

Rs.50,000/- by the parents or guardian of the Applicant as the case

may be, to the satisfaction of the concerned Juvenile Justice Board for his appearance before it on 11th July, 2022 and thereafter

continue to appear on such further dates as are given to him in that

behalf, till the disposal of this criminal revision.

I.A.No.1/2022 stands disposed of.

Call for the records of the Courts below and post this matter

for final hearing in its turn.

Sd/-

(Sanjay S. Agrawal) Judge

sunita