Chattisgarh High Court
Rudhan Ram Tirkey vs State Of Chhattisgarh on 22 January, 2025
1
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 1659 of 2023
1 - Rudhan Ram Tirkey S/o Late Labho Ram Tirkey Aged About 55 Years R/o
Village Kunmera Ghotiyapara, P.S. Sitapur, District Surguja Chhattisgarh.
... appellant
versus
1 - State Of Chhattisgarh Through Station House Officer, Police Station Sitapur,
District Surguja (C.G.)
... Respondent(s)
Order Sheet
22/01/2025 By the impugned judgment of conviction and order of
sentence dated 28.07.2023 passed in Sessions Trial No.
97/2021, the learned 5th Upper Sessions Judge, Ambikapur,
Dist- Surguja (C.G.) has convicted the appellant for the
offence punishable under Section 302 of IPC and sentenced
him to undergo life imprisonment and fine of Rs. 500/-, in
default of payment of fine amount rigorous imprisonment for
01 month
Heard Mr. Vivek Kumar Agrawal, learned counsel for
the appellant. Also heard Mr. M. K. Jain, learned Panel
Lawyer, appearing for the respondent/State on the instant
application for suspension of sentence and grant of bail (I.A.
No. 1 of 2023) filed on behalf of appellant.
Learned counsel for the appellant has argued that the
appellant has been falsely implicated in the present case as
there were some dispute between the deceased and the
appellant. There is no eye witness of the incident and the
prosecution witnesses are interested witnesses and their
statement are contradictory. Seizure has not been proved
properly by the prosecution. Though, (PW/5) Heeramani, who
is said to have seen the deceased lying in the room and
informed his mother about the incident but she is not appears
to be an eye witness in the case and not supported the
prosecution's case. The appellant is in jail since 06.02.2021
and final adjudication of the case will take its own time and
therefore, the present appellant is entitled for bail.
On the other hand, learned State counsel opposes the
submissions made by learned counsel for the appellant and
submits that there are sufficient material against the appellant
including medical evidence, the FSL report has fully
corroborated the prosecution's case and the witnesses have
stated regarding involvement of the appellant in the offence in
question.
We have heard learned counsel for the parties and
perused the record of the Court below.
Considering the submissions advanced by the learned
counsel for the parties, also considering the evidence
available on record, the FSL report, the statement of PW-5
Heeramani and also that the appellant is in jail since
06.02.2021 and further hearing of this appeal would take
prolonged period of time, we 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 Rudhan Ram Tirkey by the learned trial Court is
hereby suspended. He shall be released on bail on his
executing bail bond with one surety for the sum of Rs. 25,000/-
to the satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on 25.02.2025.
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 filed by appellant -
Rudhan Ram Tirkey 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.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
sagrika
