Kamaljeet vs State Of Chhattisgarh
2025 Latest Caselaw 2448 Chatt

Chattisgarh High Court

Kamaljeet vs State Of Chhattisgarh on 17 March, 2025

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         HIGH COURT OF CHHATTISGARH AT BILASPUR

                             CRA No. 358 of 2025

1 - Kamaljeet S/o Mangal Singh Gond Aged About 30 Years R/o Village Sarma,
Siktapara, Chowki Korbi, Thana Pasan, District- Korba (C.G.)
                                                                ... Appellant
                                      Versus
1 - State Of Chhattisgarh Through- Police Chowki Korbi, Thana Pasan, District
Korba (C.G.)
                                                               ... Respondent

Order Sheet

17/03/2025 Heard Mr. Vikas Kumar Pandey, learned counsel for appellant. Also heard Mr. G.L. Uike, learned Panel Lawyer, appearing for Respondent-State, on the instant application for suspension of sentence and grant of bail i.e. I.A. No. 1 of 2024.

By the impugned judgment of conviction and order of sentence dated 07.02.2025 (Annexure A/1) passed by the learned District and Upper Sessions Judge (F.T.SC.) (POSCO 2012), Katghora, District - Korba (C.G.) in Special Case No. 30/2023, has convicted and sentenced the Appellant as under:-

Conviction Sentence u/s 323 of Indian Penal Code, R.I. for 1 year with fine of Rs. 1860. 500/- in default of which

additional R.I. for one month.

u/s 506 (Part II) of the Indian R.I. for 1 year with fine of Rs. Penal Code, 1860. 500/- in default of which additional R.I. for one month.

u/s 354 (ख) of the Indian R.I. for 3 years with fine of Penal Code, 1860. Rs. 1000/- in default of which additional R.I. for two months.

u/s 8 of Protection of Children R.I. for 3 years with fine of from Sexual Offences Act, Rs. 100/- in default of which 2012 additional R.I. for one month

Learned Counsel for Convict/Appellants has argued that the maximum sentence which has been awarded to the appellant is of three years. The appellant has falsely been implicated in the present case. The appellant is in jail since 09.09.2023 and the appeal is likely to take sometime for its final disposal, therefore he may be released on bail.

On the other hand, learned State Counsel opposes the bail application.

Pursuant to the notice issued by this Court, victim along with her father appeared before this Court through virtual mode from D.L.S.A. Korba and she submits that she is having objection in grant of bail to the applicant.

Considering the totality of the facts, in particular the short sentence awarded to the appellant and looking to the the period of detention, without further commenting on merits, 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 shall be released on bail on his executing a bail bond of Rs. 10,000/- with two sureties in the like amount to the satisfaction of the concerned Trial Court for his appearance before the Registry of this Court on 15.04.2025 (Tuesday). 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 said Court, interval being not less than 6 months, till final disposal of this appeal.

Consequently, I.A. No. 1 of 2024 stands allowed. List this case for final hearing in due course.

Sd/-

                                                     (Arvind Kumar Verma)
                                                            Judge




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