CRLA/69/2021
2021 Latest Caselaw 824 UK

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                                      CRLA No.69 of 2021
                                      Hon'ble R.C. Khulbe, J.

Mr. Lalit Sharma, learned counsel for the appellant.

Mr. Sachin Panwar, learned B.H. for the State.

Heard.

This criminal appeal is directed against the judgment and order dated 20.02.2021 passed by the learned Addl. Session Judge/Special Judge POCSO/FTC Haldwani, District Nainital, in S.S.T. No.18 of 2018, 'State vs. Jamil and another'.

Admit.

Summon the LCR.

Also heard on the bail application (IA 1/21). It is argued that the appellant has been falsely implicated; there is no evidence on record about kidnapping or sexual offence; as per the evidence the prosecutrix is living with the appellant as a wife. If, both (appellant and prosecutrix) are husband and wife then the trial court committed gross mistake to convict the accused. Apart from that, as per the order dated 20.02.2021, the appellant has been enlarged on bail till filing of the appeal.

The State counsel has no serious objection to the same.

Looking to the facts and circumstances of the case, the appellant is enlarged on bail on his executing a personal bond and furnishing two sureties as furnished earlier.

Till the decision of the appeal the fine imposed by the trial court will remain stayed.

List this matter on 29.04.2021. In the meantime, learned counsel for the appellant will provide translated copies of FIR as well as statements of star witnesses.

(R.C. Khulbe, J.) 10.03.2021 BS