Kamal Kishore Rathore vs State Of Chhattisgarh
2025 Latest Caselaw 4350 Chatt

Citation : 2025 Latest Caselaw 4350 Chatt
Judgement Date : 10 September, 2025

Chattisgarh High Court

Kamal Kishore Rathore vs State Of Chhattisgarh on 10 September, 2025

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                    HIGH COURT OF CHHATTISGARH AT BILASPUR


                                       CRA No. 1038 of 2025


             Kamal Kishore Rathore S/o B.R. Rathore Aged About 39 Years Residence Of
             Risdi, Police Station Civil Line Rampur, District : Korba, Chhattisgarh
                                                                        ... Appellant (s)

                                             versus

             State Of Chhattisgarh Through- Police Station Civil Line Rampur, District :
             Korba, Chhattisgarh
                                                                        ... Respondent(s)

10/09/2025 Mr. Vikas Kumar Pandey, counsel for the appellant.

Ms. Priya Sharma, Panel Lawyer for the State. Heard on IA No.1 which is an application for suspension of sentence and grant of bail.

Appellant has been convicted under Section 376 (2) (n) of IPC and sentenced to undergo RI for 10 years and fine of Digitally Rs.1,000/- vide judgment of conviction and order of sentence signed by PRAVEEN KUMAR SINHA dated 15.05.2025 passed in S.T. No.105 of 2024 by learned Date:

2025.09.11 11:12:13 Additional Sessions Judge (FTC), Korba, District- Korba (CG). +0530 Learned counsel for the appellant submits that appellant has

been falsely implicated in the crime. Victim was a consenting party and therefore offence under Section 376 of IPC would not be made out. He also submits that appellant was on bail during trial and has not misused the liberty granted to him. Hearing of appeal may take some time, hence, during pendency of this appeal, substantive jail sentence imposed upon appellant be suspended and he may be released on bail.

On the other hand, learned counsel for the State opposes the submission of learned counsel for the appellant.

On due consideration of submissions of learned counsel for respective parties, considering that appellant was on bail during trial and that hearing of appeal may take some time, I consider it to be an appropriate case to suspend the substantive jail sentence imposed on the appellant.

Accordingly, IA No.1 is allowed. It is directed that the substantive jail sentence imposed upon the appellant shall remain suspended during pendency of the appeal and he shall be released on bail on his furnishing a personal bond of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance before the Registry of this Court on 27th November 2025. Thereafter, he shall appear before the concerned trial Court on the date given by the Registry of this Court and continue to appear there till final disposal of this appeal.