Kamal Narayan vs State Of Chhattisgarh
2021 Latest Caselaw 2792 Chatt

                                                   1

                      HIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet

                                   Criminal Appeal No. 317 of 2020
           Kamal Narayan S/o Darbari Singh Jagat, aged about 48 years, R/o Village Bahtara,
            Police Station Pachpedi, District Bilaspur (C.G.)
                                                                                    ----- Appellant
                                                 versus
           State of Chhattisgarh, through Police Station Pachpedi, District Bilaspur (C.G.)
                                                                           ----- Respondent/State

20/10/2021 Shri Bharat Gulabani, Advocate for the Appellant.

Shri C.B. Kesharwani, Panel Lawyer for the State. Heard.

Admit.

Also heard on I.A. No. 1 of 2020:

This is a bail application under Section 389 of Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted for the offence punishable under Section 4 of the Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo R.I. for 10 years & to pay fine of Rs.50,000/-, in default of payment of fine, R.I. for 3 months and under Section 450 of IPC and sentenced to undergo R.I. for 5 years & to pay fine of Rs.10,000/-, in default of payment of fine, R.I. for 1 month respectively vide judgment of conviction and order of sentence dated 06.02.2020 passed by the Special Judge (POCSO Act), Bilaspur (C.G.) in Special Criminal Case (POCSO Act) No. 44/2017.

Considering the entire facts and circumstances of the case, particularly the statements of the witnesses, MLC report and other material proved by prosecution in this case, I am not inclined to suspend the sentence and to release the appellant on bail.

Accordingly, I.A. No. 1 of 2020 is dismissed.

Sd/-

(Gautam Chourdiya) Judge

vatti