Chattisgarh High Court
Juvenile Conflict With Law (X) vs State Of Chhattisgarh on 5 March, 2025
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 1931 of 2024
Juvenile Conflict With Law (X) Nil
... Appellant
versus
State Of Chhattisgarh Through P.S. Pathriya, District : Mungeli, Chhattisgarh
... Respondent
05.03.2025 Mr. Uttam Pandey, Counsel for the Appellants.
Mr. Vivek Sharma, Panel lawyer for the State.
Heard on I.A. No. 01/2024, an application under Section
430 of BNSS, 2023 for suspension of sentence and grant of bail.
By virtue of the impugned judgment of conviction and order
of sentence dated 20.09.2024 passed by Learned First Additional
Session Judge, Mungeli, District Mungeli, Chhattisgarh in Session
Trial No. 56/2022, whereby appellant has been convicted and
sentenced as under:
Conviction Sentence
Under Section 304 part - I R.I. for 10 years and fine of
of Indian Penal Code Rs. 100 in default to further
undergo 06 months additional
R.I. to JO.
Learned Counsel appearing for the appellant contended
that the appellant has a prima facie good case in his favor and he
is hopeful to succeed on it. The appellant was taken into judicial
custody on 21.08.2022 to 02.02.2023 and from the date of
judgment that is from 20.09.2024 to till this date he has been
confined in jail. The disposal of this Criminal appeal is likely to
take long time. The appellant is ready to abide all the terms and
conditions which may be imposed by this Hon'ble Court while
suspending the jail sentence of the appellant.
Learned State Counsel objected the prayer stating that in
the judgment rendered by the Trial Court all incriminating
circumstances are against the accused appellant which connects
them with the crime and chain of circumstances are fully linked
and completed with each other.
I have heard learned counsel for the parties and perused
the record with utmost circumspection.
Considering the totality of the facts, in particular to the fact
that there were seven injuries on the person of the co-accused
and six injuries on the JO and the Dr. Aryan Pandey PW-10 has
specifically stated that the had referred for further management
and treatment to the District Hospital Mungeli for orthopedic and
radiologist opinion which infers that they had sustained grievous
injuries, I am of the opinion that present is a fit case to suspend
the jail sentence imposed upon the appellant.
Accordingly, the substantive jail sentence imposed upon
the appellant by the learned trial court is hereby suspended. The
appellant by the learned trial court is hereby suspended. The
appellant shall be released on bail on his executing a bail bond of
Rs.10,000/- with one surety in the like amount to the satisfaction
of the concerned Trial court for his appearance before the
Registry of this Court on 19.03.2025. Thereafter, he shall appear
before the concerned trial court on a date to be given by the
Registry of this Court and shall continue to appear there on all
such subsequent dates as are given to him by the Trial Court, till
the final disposal of this appeal.
Consequently, IA No. 01/2024 stands allowed.
List this case for final hearing in its due course.
sd/-
(Arvind Kumar Verma)
Judge
Alfiza
