Chattisgarh High Court
Pardeshi @ Ratiram @ Raturam vs State Of Chhattisgarh on 29 March, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
Criminal Appeal No.1239 of 2019
Pardeshi @ Ratiram @Raturam and others Versus State of Chhattisgarh
29/03/2022 Mr.B.P.Rao, Advocate for the appellants.
Mr.Sunil Otwani, Additional Advocate General with
Mr.Soumya Rai, Panel Lawyer for the respondent/State.
Appellant No.2-Vifal Korwa, appellant No.3-Jagdish Korwa and appellant No.4-Shobhit Korwa were admitted to privilege of bail by order of this Court dated 16.12.2019 with a condition to execute a personal bond for a sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 2 nd March, 2020, but they failed to appear before the Registry of this Court as directed on 2nd March, 2020, leading to calling of the report from the jail authorities as to whether they have been released on bail as per order of this Court dated 16.12.2019.
The Jail Superintendent, Central Jail, Bilaspur has submitted its report dated 11.3.2022 stating that they are in jail and suffering jail sentence w.e.f. 5.5.2019. Even otherwise, on 14.01.2020 the Jail Superintendent, Central Jail, Bilaspur has informed to the Secretary, Chhattisgarh Legal Services Authority that appellants No.2 to 4 are unable to furnish the bail bonds.
In that view of the matter, Mr.B.P.Rao, learned counsel for the appellants, would submit that instead of bail bonds, the order dated 16.12.2019 be modified and they be released on bail on executing a personal bond to the extent of Rs.25,000/- in the light of decision of the Supreme Court in the matters of Moti Ram and others v. State of Madhya Pradesh 1 and Hussainara Khatoon and others (I) v. Home Secretary, State of Bihar 2, which is not opposed by learned State Counsel.
We have heard learned counsel for the parties.
Taking into consideration the facts & circumstances of the case, considering the fact that appellants No.2 to 4 are unable to furnish the bail bonds and in view of decision of the Supreme Court in the matters of Moti Ram (supra) and Hussainara Khatoon (supra), appellant No.2-Vifal Kowra, appellant No.3- Jagdish Korwa and appellant No.4-Shobit Korwa are directed to be released on bail on each of them executing only a personal bond of Rs.25,000/- for the like sum to the satisfaction of the trial Court for their appearance before the Registry of this Court on 1 st August, 2022. They shall thereafter appear before the 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 them by the said Court, till the disposal of this appeal.
A copy of this order be communicated to the jail authorities.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rajani Dubey)
Judge Judge
B/-
1 (1978) 4 SCC 47
2 (1980) 1 SCC 31