Xyz (Juvenile Conflict With Law) vs State Of Chhattisgarh
2022 Latest Caselaw 3940 Chatt

                         HIGH COURT OF CHHATTISGARH, BILASPUR

                                         Order Sheet

                             Criminal Revision No. 181 of 2022

             XYZ (Juvenile Conflict with law)

                                                                        ----Applicant

                                           Versus

             State of Chhattisgarh, Through: Station House Officer, Police Station
             Arang (wrongly mentioned in order sheet as police station Dharsiva),
             District Raipur (C.G.)

                                                                     ---- Respondent

22.06.2022 Mr. Navin Shukla, counsel for the petitioner.

Mr. Praveen Shrivastava, P.L. for the State / respondent. Heard.

In compliance of the order dated 12.5.2022 passed by this Court, Office Superintendent, Govt. Child Observation Home, Pulgaon, District Durg has informed that pursuant to the judgment dated 13.9.2021 passed by Special Judge (Atrocities) & Upper Sessions Judge, Raipur (C.G.) in Criminal Appeal No. 383/2019, which was filed against the order dated 20.6.2019 passed by Juvenile Justice Board, Raipur in Criminal Case No.75/2018, the petitioner was entered in Govt. Special Home, Durg on 19.9.2021. The applicant/juvenile has completed jail sentence of 9 months & 22 days and two years, two months and 8 days of jail sentence is yet to be completed.

Also heard on I.A. No.1/2022, which is an application for suspension of sentence and grant of bail to the applicant/juvenile during pendency of the revision.

Applicant/juvenile has been convicted for the offence punishable under Section 323 (three times), 302, 450 read with Section 34 of the IPC and sentenced to undergo imprisonment for three years and to pay fine of Rs. 1,000/- with default stipulation by Principal Judge, Juvenile Justice Board, Raipur vide order dated 20.6.2019 passed in Criminal Case No. 75/2018.

In appeal, the appellate Court has affirmed the order passed by the Principal Magistrate, Juvenile Justice Board, Mana Camp, Raipur (C.G.) and dismissed the appeal filed by the applicant/juvenile.

Counsel for the applicant submits that pursuant to the order dated 13.9.2021, passed by Special Judge (Atrocities) & Upper Sessions Judge, Raipur (C.G.) in Cr.A. No. 383/2019, the petitioner is in observation home since 19.9.2021 and he has completed his sentence of 9 months & 22 days and two years, two months and 8 days of sentence period is yet to be completed. He further submits that the applicant/juvenile has a good case in his favour and there is no likelihood of this revision being heard in near future, therefore, substantive jail sentences awarded to the applicant may be suspended and he may be released on bail.

On the other hand, counsel for the State opposes the bail application.

I have heard learned counsel for the parties and perused the material available on record.

After hearing learned counsel for the parties and particularly the fact that the applicant is in observation home since 19.9.2021 and there is no likelihood of this revision being heard in near future , I am of the opinion that this is a fit case to suspend the jail sentence and release the applicant/juvenile on bail.

Accordingly, the bail application I.A. No. 1/2022 is allowed. It is directed that substantive sentence imposed on the applicant/juvenile shall remain suspended and he shall be released on bail on his furnishing a surety of Rs.25,000/- along with a bond of same amount which is to be of his natural guardian/father/mother 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/father/mother.

One closed envelope has been submitted by counsel for the applicants/juvenile along with memo of revision, which contains particulars of the applicants/Juvenile. The said envelope shall be made part of record of this order.

List this case for further order in due course.

Sd/-

(N.K. Chandravanshi) Judge

D/-