Chattisgarh High Court
Dharmendra @ Kudu Manikpuri vs State Of Chhattisgarh on 25 April, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 407 of 2020
Dharmendra @ Kudu Manikpuri Versus State of Chhattisgarh
25/04/2022 Mr. Gajendra Kumar Sahu, Advocate for the appellant.
Mr. Arjit Tiwari, Panel Lawyer for the respondents-State.
Heard on IA No.02 of 2022, which is an application filed on behalf of the
appellant for grant of exemption for furnishing security bail bond of Rs.25,000/- in
compliance of this Court's order dated 02.08.2021, granting bail to the appellant.
The appellant was granted bail by order of this Court dated 02.08.2021 with
the condition to execute a personal bond for a sum of Rs.25,000/- with two local
sureties of the like amount to the satisfaction of the concerned trial Court for his
appearance before the concerned trial Court on 27th September, 2021.
A perusal of the record would show that the jail authorities has sent a letter
dated 23.02.2022 to the concerned Police Station regarding non-furnishing
personal bond by the appellant and non-complying other conditions in view of this
Court's order dated 02.08.2021, on account of which the appellant is still in jail and
further requested to inform the relatives/'sarpanch' of the appellant regarding
passing of order dated 02.08.2021 by this Court for doing the needful. The
Secretary, High Court Legal Aid Services Committee has also sent a letter to the
Registrar (Judicial) of this Court informing about the said fact that the appellant is
still in jail due to non-furnishing personal bond as directed by this Court on
02.08.2021 and for necessary action.
Learned counsel for the appellant submits that the appellant is a poor and
rustic villager and there is nobody in his family to take care of the case for the
appellant and, therefore, he is unable to execute personal bond for a sum of
Rs.25,000/- with two local sureties of the like amount to the satisfaction of the
concerned trial Court, as directed by this Court vide order dated 02.08.2021. He
relied on the order dated 29.03.2022 passed in CRA No.1239 of 2019 (Pardeshi @
Ratiram @ Raturam and others vs. State of Chhattisgarh) wherein this Court
relying on the judgments of Supreme Court in the cases of Motil Ram and others
vs. State of M.P. reported in (1978) 4 SCC 47 and Hussainara Khatoon and
others (I) vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 31
directed the appellants therein to be released on bail on executing only personal
bond of Rs.25,000/- for the like amount to the satisfaction of the trial Court and
exempted other conditions stipulated earlier while granting bail to the appellant
therein. It is prayed that similar direction may also be issued in the present case.
Learned State counsel has no objection.
Taking into consideration the facts and circumstances of the case and specially
considering the fact that the appellant being poor village is unable to furnish
personal bond and in view of decisions of the Supreme Court in the matters of Moti
Ram (supra) and Hussainara Khatoon (supra), we deem it appropriate to direct
that the appellant- Dharmendra @ Kudu Manikpuri be released on bail on his
executing only a personal bond of Rs.25,000/- (Rupees Twenty Five Thousand
Only), on or before 31.05.2022, for the like amount to the satisfaction of the
concerned trial Court for his appearance before the Registry of this Court on 10th
August, 2022. 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 till the disposal of this
appeal.
With aforesaid direction, IA No.02 of 2022 stands disposed of.
A copy of this order be communicated to the concerned jail authorities.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rajani Dubey)
Judge Judge
[email protected]
