Kamal Kumar Jain vs State Of Chhattisgarh
2021 Latest Caselaw 126 Chatt

                   HIGH COURT OF CHHATTISGARH, BILASPUR
                                        Order Sheet
                                  CRA No. 67 of 2021

       Kamal Kumar Jain S/o Late Sumerchand Jain, Aged About 52 Years R/o
       Shop No. 231 Zonal Market Bina Girls Hostel, Sector Sector 10, Bhelainagar,
       District Durg Chhattisgarh.

                                                                         ---- Appellant

                                            Versus

       State Of Chhattisgarh, Through Police Station Bhelai Nagar, District Durg
       Chhattisgarh.

                                                                       ----Respondent

19/05/2021 Shri Sumit Singh, counsel for the appellant.

Shri Rahul Jha, G.A. for the State.

Heard on I.A. No.01/2021 bail application for suspension of sentence

and grant of bail.

Appellant has been convicted by the judgment dated 4/01/2021

passed in Special Sessions Case No.230/2019 passed by the Additional

Sessions Judge, Fourth FTC, Durg (C.G.) in the following manner:-

U/s 10 of POCSO Act : RI for 5 years and fine of Rs.500/-, in default of payment of fine, to undergo additional SI for 1 month.

Learned Counsel for the appellant submits that the appellant was on

bail during the trial and age of the prosecutrix is 17 years and 11 months and

because of certain rental dispute false allegation was made, therefore the

appellant may be released on bail.

Learned State Counsel opposes the prayer for grant of bail. Considered the statement of the prosecutrix and the fact that the

appellant was on bail during the trial, therefore I am inclined to release the

appellant on bail.

Accordingly, I.A. No.01/2021 bail application for suspension of

sentence and grant of bail is allowed.

Execution of further substantive jail sentence imposed on appellant

shall remain suspended and he is directed to be released on bail on his

executing a personal bond for a sum Rs.25,000/- with one surety for the like

sum to the satisfaction of the trial Court for his appearance before the

Registry of this Court on 5th August, 2021. He shall thereafter appear before

the 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 said Court, till the disposal of this appeal.

In view of the above, I.A. No.02/2021 application for hearing the case

during summer vacation and I.A. No.03/2021 application for urgent hearing

stand disposed of. Sd/-

(Goutam Bhaduri)

Vacation Judge

gouri