Chattisgarh High Court
Khilesh Tarak vs State Of Chhattisgarh on 11 November, 2021
Page 1 of 3
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRR No. 807 of 2021
1. Khilesh Tarak S/o Sitaram Tarak, Aged About 29 Years, R/o Village Kirwai,
Police Station Rajim, District Gariyaband (C.G.).
----Applicant
Versus
2. State Of Chhattisgarh, Through Station House Officer, Police Station Rajim,
District Gariyaband (C.G.).
---- Respondent
11/11/2021 Mr. Suresh Tandan, Counsel for the applicant.
Mr. Adil Minhaj, Govt. Advocate for the State.
Heard on admission.
The revision is admitted for hearing.
Issue notice to the respondent on revision petition, as per rules.
Call for the records of both the Courts below.
Also, heard on I.A. No. 01/2021, application for suspension of
sentence and grant of bail to the applicant.
By the judgment dated 15/03/2018 passed by Judicial Magistrate
Rajim, District Gariyaband in Criminal Case No. 1022/2009, the applicant
was convicted and sentenced as under :-
Conviction Sentence
Under Section 304(A) of Indian R.I. for 1 year.
Penal Code (in short "IPC).
Under Section 337 of IPC R.I. for 3 months and fine of Rs.
500/-, in default of payment of fine
additional S.I. for 15 days.
Under Section 338 of IPC R.I. for 1 year and fine of Rs. 1,000/-,
(4 times) in default of payment of fine
additional S.I. for 1 month.
By the impugned judgment dated 23/10/2021 passed by Additional
sessions Judge, Gariyaband (C.G.) in Criminal Appeal No. CRA No.
07/2018, the aforesaid judgment of the Trial Court was modified and the
applicant has been convicted and sentenced as under:-
Conviction Sentence
Under Section 304(A) of IPC. R.I. for 1 year
Under Section 337 of IPC (twice) R.I. for 3 months and fine of
Rs. 300/- on each count with default
sentence as awarded by the Trial
Court.
Under Section 338 of IPC Imprisonment for 4 months and fine
(3 times) of Rs. 300/- on each count with
default sentence as awarded by the
Trial Court.
Counsel for the applicant submits that the Courts' below were not
justified in holding the applicant guilty under Section 304(A), 337(twice)
and 338(thrice) of IPC. The finding recorded by the Courts below run
contrary to the material available on record. There are material
contradictions and omissions in the statements of the witnesses. The
applicant is in jail since 23/10/2021. The applicant has been awarded the
maximum sentence of 01 year and disposal of this revision petition is
likely to take some time, therefore, the applicant he may be released on
bail.
On the other hand, State counsel opposes the bail application.
Heard learned counsel for the parties.
Considering the facts and circumstances of the case, short sentence
of 1 year awarded to the applicant, he is in jail since 23/10/2021 and
disposal of the revision is likely to take sometime, without expressing
anything on merits of the case, I am of the opinion that present is a fit case
to suspend the jail sentence imposed upon the applicant and to release
him on bail.
Accordingly, the application (I.A. No. 01/2021) is allowed.
It is directed that the execution of substantive jail sentence imposed
upon the applicant shall remain suspended during the pendency of this
revision and he shall be released on bail on his furnishing a personal
bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each
to the satisfaction of the trial Court for his appearance before the Registry
of this Court 14th February, 2022. He shall thereafter appear before the
Trial Court on a date to be given by the Registry of this Court and then
continue to appear there on all such subsequent dates as are given to him
by the said Court, till disposal of this revision.
List this case for final hearing in its due course.
-Sd/-
(Gautam Chourdiya)
Judge
Chandrakant
