Rajesh Tamrakar vs State Of Chhattisgarh
2025 Latest Caselaw 4126 Chatt

Chattisgarh High Court

Rajesh Tamrakar vs State Of Chhattisgarh on 1 September, 2025

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               HIGH COURT OF CHHATTISGARH AT BILASPUR

                                  CRR No. 1081 of 2025

      •     Rajesh Tamrakar S/o Shri Suresh Tamrakar Aged About 50 Years R/o Vill.-
            Amarpur, P.S. Pendra, Distt.- Gaurela-Pendra-Marwahi (C.G.)
                                                                           ... Applicant
                                          versus
      •     State of Chhattisgarh through- S.H.O., P.S. Pendra, Distt.- Gaurela-
            Pendra-Marwahi (C.G.)
                                                                      ... Respondent(s)

Order on Board

01/09/2025 Mr. Ravindra Sharma, Advocate for applicant.

Mr. Karan Kumar Bahrani, Panel Lawyer for the State.

Heard.

Call for the record of criminal case as also appeal case.

Also heard on I.A. No.01/2025, which is an application for

suspension of sentence and grant of bail.

This Criminal Revision is filed against the judgment of

conviction and sentence dated 22.08.2025, passed in Criminal

Appeal No. 17/2025, by Learned Second Additional Sessions

Judge, Pendra Road, District Bilaspur, C.G., arising out of judgment PAWAN KUMAR JHA Digitally of conviction and sentence dated 13.02.2025 passed in Criminal signed by PAWAN KUMAR JHA Case No. 619/2019 passed by learned Judicial Magistrate First

Class, Pendra Road, District Gaurela-Pendra-Marwahi, whereby

applicant has been convicted and sentenced in the following

manner:-

           Conviction                          Sentence
U/s 279 of IPC                   Sentence Till Rising of Court and
                                 fine of Rs. 500/-; in default of

payment of fine, additional S.I. for 15 days.

U/s 337 of IPC Sentence Till Rising of Court and fine of Rs. 500/-; in default of payment of fine, additional S.I. for 15 days.

U/s 304-A of IPC S.I. for 06 months and fine of Rs.

1000/-; in default of payment of fine, additional S.I. for 01 month.

Learned counsel for applicant submits that there was no

negligence on the part of applicant, accident occurred due to

negligent driving of driver of motorcycle, Mukesh Vishwakarma,

with whom deceased was riding as pillion. It is contended that

applicant was on bail during trial and during pendency of appeal.

He has not misused liberty granted to him. There is likelihood of

revision being not heard finally in near future and maximum jail

sentence awarded to applicant is of 06 months, therefore,

application may be allowed and substantive jail sentence may be

suspended during pendency of this revision.

Learned State counsel opposes the submission of learned

counsel for applicant.

Considering the submissions made by learned counsel for

parties as also period of sentence and further that the applicant

was on bail during trial as well as during pendency of appeal, I am

inclined to allow I.A. 01/2025.

Accordingly, I.A. No. 01/2025 is allowed and It is directed

that substantive jail sentence of applicant shall remain suspended

during the pendency of this revision and he be released on bail

upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety

in the like sum to the satisfaction of concerned Court below, for his

appearance before the Registry of this Court on 03.11.2025.

Thereafter, he shall appear before the trial Court on the date to be

given by the Registry of this Court and will continue to appear there

on all such dates before trial Court till disposal of this appeal.

List this case after 08 weeks.

Certified copy as per rules.

Sd/-

(Parth Prateem Sahu) pwn JUDGE