Chattisgarh High Court
Bahadur Tirkey vs State Of Chhattisgarh on 26 August, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1318 of 2023
Bahadur Tirkey S/o Mohan Tirkey Aged About 53 Years R/o Village
Remhala, P.S. Lakhanpur, District Sarguja, Chhattisgarh.
... Appellant
versus
State of Chhattisgarh Through The Station House Officer, Police Station
Lakhanpur, District Sarguja, Chhattisgarh.
... Respondent
Order Sheet
26/08/2025 Heard Mr. Kishore Narayan, learned counsel for the
appellant. Also heard Mr. Amit Verma, learned Panel
Lawyer, appearing for the respondent/State.
Admit.
Since Mr. Amit Verma, learned Panel Lawyer has
put in appearance on behalf of the respondent/State
there is no need to issue fresh notice to the respondent.
Also heard on the instant application for
suspension of sentence and grant of bail (I.A. No. 01 of
2023).
ABHISHEK by ABHISHEK
SHRIVAS
SHRIVAS Date: 2025.08.29
11:27:09 +0530
By the impugned judgment of conviction and order of
sentence dated 27.10.2022, the learned Additional Session
Judge (F.T.C.), Surguja, Ambikapur (C.G.) in Session
Sessions No. 92/2019, has convicted and sentenced the
appellant in the following manner:
Conviction Sentence
Under Section 376 of the Rigorous imprisonment (for
Indian Penal Code (for short, short, 'R.I.') for 10 years with
'IPC') fine of Rs. 3,000/-, in default
of payment of fine further RI
for 01 year.
U/S 506 Part II of the IPC RI for 01 year with fine of Rs.
500/-, in default of payment
of fine further RI for 01
month.
Both the sentences shall run concurrently
Learned counsel for the convict/appellant has
argued that the appellant has been falsely implicated in the
present case and that there is no evidence on record
connecting the appellant with the commission of the
offence. It is further submitted that the appellant was
working as a labourer in the house of the victim and that a
dispute and quarrel had arisen with the husband of the
victim, due to which he has been falsely implicated. He
further submits that though allegations of rape have been
levelled against the appellant, the same are not
corroborated by the MLC report of the victim, who is a
married woman, as no injury was found. He also submits
that as regards the FSL report, although the samples were
sent, the report has not yet been received. It is also
submitted that the appellant was on bail during the trial and
did not misuse the liberty of bail. He submits that the
appellant is languishing in jail since 27.10.2022, further, the
appeal is likely to take a couple of years or even more in its
final disposal, hence, he prays that the appellant be
enlarged on bail.
Learned counsel for the appellant relied upon the
judgment passed by the Hon'ble Apex Court in the matters
of Atul Alias Ashutosh vs. State of Madhya Pradesh
(2024) 3 SCC 663 and Nanhe Lal Verma vs. State of
Madhya Pradesh (Arising out of SLP (Criminal) No.
14769 of 2024) decided on 25.11.2024 wherein, the
Hon'ble Apex Court has held that when there is a fixed term
sentence and especially when the appeal is not likely to be
heard before completing entire period of sentence,
normally suspension of sentence and bail should be
granted.
On the other hand, learned State counsel opposes
the prayer for grant of bail to the appellant and submits that
appellant committed forcefully rape with the victim,
therefore, the findings arrived at by the learned trial Court is
just and proper.
I have heard learned counsel for the parties and
perused the documents appended with the bail application.
Considering the submissions advanced by the
learned counsel for the parties, further considering the law
laid down by the Hon'ble Apex Court in Atul Alia
Ashutosh (Supra) and Nanhe Lal Verma (Supra), also
considering the evidence available on record and further
the fact that though allegations of rape have been levelled
against the appellant, the same are not corroborated by the
MLC report of the victim, as no injury was found. Moreover,
as regards the FSL report, although the samples were
sent, the report has not yet been received. Also considering
the fact that the appellant is in jail since 27.10.2022 and
further hearing of this appeal would take prolonged period
of time, I deem it appropriate to allow the application for
suspension of sentence and grant of bail moved on behalf
of the appellant.
Accordingly, the substantive jail sentence awarded
to appellant- Bahadur Tirkey, by the learned trial Court is
hereby suspended. He shall be released on bail on his
executing bail bond to the satisfaction of the concerned trial
Court for his appearance before the Registry of this Court
on 07.10.2025. He shall thereafter, 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 2023 is allowed.
It is made clear that the observations made
hereinabove are only confined for disposal of aforesaid I.A.
filed in this appeal and it shall not be construed as an
expression of opinion of this Court on the merits of the
matter.
List this matter for final hearing.
C.C. as per rules.
Sd/-
(Ramesh Sinha)
Chief Justice
Abhishek
