Chattisgarh High Court
Kamlesh Kumar Miri vs State Of Chhattisgarh on 6 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1576 of 2025
1 - Kamlesh Kumar Miri S/o Shri Nankuram Miri, Aged About
40 Years Former Naib Tehsildar And In-Charge Tehsildar,
Jashpur, District Jashpur Chhattisgarh. Presently Residing At
Village Baki Toli, District Jashpur, And Permanently At Near
Water Tank, Aasma City, Sakri, Bilaspur (C.G.).
... Appellant
versus
1 - State Of Chhattisgarh Through Police Station
A.C.B./e.O.W., Raipur, Unit- Ambikapur, District Surguja
(C.G.)
... Respondent
06/08/2025 Mr. Kishore Bhaduri, Sr. Advocate with Mr.
Sabyasachi Bhaduri, counsel for the appellant.
Mr. Sanjeev Pandey, Dy. A.G. for the
State/respondent.
Heard on admission.
Admit.
Also heard on I.A. No. 01, application under
Section 430 of BNSS for suspension of sentence and
grant of bail.
By the impugned judgment dated 30.06.2025
passed by learned Special Judge (PC Act), District -
Jashpur (C.G.) in Special ACB Case No. 02/2021,
whereby the appellant has been convicted for the offence
punishable under Section 7 of Prevention of Corruption
Act, 1988 and sentenced as under:-
Conviction Sentence
U/s 7 of the R.I. for 3 years and fine of Rs. 50,000/-,
Prevention of in default of payment of fine amount
Corruption additional R.I. for 6 months.
Act, 1988
Learned senior counsel for the appellant submits
that the appellant is innocent and is falsely implicated
in the case, and there is no material evidence against
the appellant. He also submits that the demand for
illegal gratification by the appellant is not proved in this
case. It is a well-settled proposition of law that demand
for illegal gratification is a sine qua non for constituting
an offence under Section 7 of the Prevention of
Corruption Act. He also submits that in para 64 of
impugned judgment it is mentioned by the learned trial
Court that 'it is true that the situation regarding the
demand of the bribe amount was not completely clear,
however, the evidence regarding the demand of bribe
and acceptance of the bribe amount by the accused
could not be rebutted.' The appellant is already on bail,
and he has already deposited the fine amount imposed
upon him and a maximum sentence of 3 years has been
awarded to the appellant, out of which the appellant has
already served the jail sentence of 62 days (from
27.08.2020 to 28.10.2020) during trial, and the
conclusion of this appeal is likely to take considerable
time. Therefore, the jail sentence of the appellant may
be suspended till the final disposal of the case.
On the other hand, learned State counsel opposes
the bail application.
Considering the facts and circumstances of the
case and also considering the fact that maximum
sentence of 3 years has been awarded to the appellant
for the aforesaid offence out of which appellant has
already served the jail sentence of 62 days (from
27.08.2020 to 28.10.2020) during trial and the
appellant has already on bail, the fine amount has
already been deposited by him, in para 64 of impugned
judgement it is mentioned that 'the situation regarding
the demand of the bribe amount was not completely
clear', and the final disposal of this appeal is likely to
take considerable time, therefore, I am inclined to allow
the application.
Accordingly, the application (I.A. No. 01) is
allowed. It is directed that the substantive jail sentence
imposed upon the appellant shall remain suspended till
final disposal of this case on his executing a personal
bond for a sum of 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 6th
October, 2025. He shall thereafter appear before the
concerned trial Court on a date to be given by the
Registry of this Court and thereafter, continue to appear
before the trial Court on all such subsequent dates as
are given to him by the said Court till disposal of this
appeal.
Call for the records of the trial Court.
List this case for final hearing in its chronological
order.
Certified copy as per rules.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
H.L. Sahu
