Nobel Sanwra vs State Of Chhattisgarh
2022 Latest Caselaw 3106 Chatt

                        HIGH COURT OF CHHATTISGARH, BILASPUR
                                               Order Sheet
                                       CRA No. 699 of 2017
       Nobel Sanwra, S/o Rathram Sanwra, aged about 20 years, R/o Village
        Baghnipali, Police Station Chandrapur, District Janjgir-Champa (Chhattisgarh)
                                                 Versus
       State of Chhattisgarh, through Police Station Chandrapur, District Janjgir-
        Champa (Chhattisgarh)




28/04/2022        Mr. Deepak Jain, Advocate for the appellant.

                  Mr. Madhunisha Singh, Deputy Advocate General for the respondents-State.

Heard on IA No.01 of 2022, which is an application filed on behalf of the appellant seeking modification of the conditions in the order dated 08.11.2017 granting bail to the appellant.

The appellant was granted bail by order of this Court dated 08.11.2017 with the condition to execute a personal bond of Rs.1,00,000/- (Rupees One Lakh Only) with one local surety of the like amount to the satisfaction of the concerned trial Court, but till date he has not been released on bail.

Learned counsel for the appellant submits that the appellant is poor man and is unable to produce local surety as directed by this Court vide order dated 08.11.2017 while granting bail to him and, therefore, he could not be released on bail, which fact has also been brought to the notice of the Secretary, High Court Legal Aid Services Committee by the jail authorities vide letter dated 13.04.2022. 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 appellants therein. Hence, praying similar direction modification in the order dated 08.11.2017 is prayed for.

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 man is unable to furnish local surety as directed by this Court vide order dated 08.11.2017 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- Nobel Sanwra be released on bail on his executing only a personal bond of Rs.1,00,000/- (Rupees One Lakh Only), on or before 04.06.2022, and shall appear 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, interval being not less than 6 months, till the disposal of this appeal.

Accordingly, order dated 08.11.2017 is modified to the extent indicated above.

IA No.01 of 2022 is allowed.

A copy of this order be communicated to the concerned jail authorities.

                           Sd/-                                         Sd/-
                     (Sanjay K. Agrawal)                         (Rajani Dubey)
                          Judge                                      Judge




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