Telangana High Court
CRLRC/3320/2015 of Kallu Jagan Vs The State of Telangana on 30 December 2015
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3320 of 2015 ORDER: The petitioner filed the present Criminal Revision Case by invoking the provisions under Sections 397 and 401 of the Code of Criminal Procedure being aggrieved over the order dated 11.12.2015 passed in M.C.No.1617 of
THE HONOURABLE SRI JUSTICE RAJA ELANGO
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ORDER:
CRIMINAL REVISION CASE No.3320 of 2015
The petitioner filed the present Criminal Revision Case byinvoking the provisions under Sections 397 and 401 of the Code ofCriminal Procedure being aggrieved over the order dated 11.12.2015passed in M.C.No.1617 of 2015 by the Tahasildar & Mandal ExecutiveMagistrate at Gollapally.
Heard and perused the material available on record.
By invoking the provision under Section 122(b) Cr.P.C., therespondent-authority passed the impugned order whereby, thepetitioner was directed to be retained in jail for 154 days i.e. from11.12.2015 to 12.05.2016 (excluding the time already elapsed sincethe agreement of bond) for his default in payment of Rs.1,00,000/- ashe violated the bond executed by him as envisaged under Section 110 Cr.P.C. for good behaviour for a period of six months.
Admittedly, the petitioner is a coolie and belongs to ScheduledCaste community. This Court is of the view that the direction by therespondent authority to the petitioner to execute a bond for a sum ofRs.1,00,000/- itself is onerous in nature and for default of payment ofsaid huge amount, he was directed to be kept in prison for about fivemonths.
Considering the circumstances of the case, since the petitioner isin prison since 11.12.2015, the said period is directed to be consideredas sentence of imprisonment in connection with the impugned orderpassed by the authority concerned. The petitioner shall be releasedforthwith, if not, required in any other crime.
With the above direction, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions filed in thisrevision, if any, shall stand closed.
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RAJA ELANGO, JDecember 30, 2015
KTL