Chattisgarh High Court
Samaruram Kewat vs State Of Chhattisgarh on 1 November, 2002
Equivalent citations: 2002(5)MPHT8(CG)
ORDER K.H.N. Kuranga, C.J.
1. Heard learned Counsel for the applicant.
2. This is an application under Section 439, Cr.PC filed by the applicant for grant of bail. The applicant and other accused persons namely Budharu, Hari and Toshi have been charge-sheeted before the Judicial Magistrate, First Class, Durg for the commission of the offences punishable under Sections 147, 323 and 342 of IPC
3. It is submitted that the learned JMFC granted bail to the applicant and other accused persons. They failed to appear on 7-6-2000 and non-bailable warrants were issued against them. All of them were arrested on 18-9-2002 and they were produced before the Court. The applicant and other accused persons filed bail application which came to be rejected by the JMFC. Thereafter they approached the Special Judge and the learned Special Judge, Durg granted bail to other accused persons namely Budharu, Hari and Toshi and rejected the application of the applicant on the ground that if he is released he may abscond.
4. Learned Counsel for the applicant submitted that the applicant is a poor person, he went in search of employment to various places and thus he could not appear before the Court on 7-6-2000 but he was regularly appearing before the Court.
5. Having regard to the facts and circumstances of the case, I am of the opinion that it is appropriate to admit the applicant to bail with certain conditions. Accordingly, the petition is allowed. The applicant is directed to be released on bail on his executing a bond in sum of Rs. 5000/- with two sureties for the like sum to the satisfaction of the concerned Magistrate. He shall regularly appear before the Court on all the dates of hearing and shall not go out of Durg District till the case is disposed of.
6. In view of this order, the applications [M.(Cr.) P. No. 4096 of 2002, I.A. Nos. 5200 of 2002 and 5271 of 2002] stand disposed of.
Parties are entitled for Certified copy of this order.