Deepak Ram Nagesh vs State Of Chhattisgarh
2022 Latest Caselaw 4169 Chatt

                                                                           NAFR



             HIGH COURT OF CHHATTISGARH, BILASPUR
                           CRMP No. 1015 of 2022

  Deepak Ram Nagesh S/o Jagdish Nagesiya @ Manthu Aged About 21
  Years R/o Kawai Khairdipa, Police Station Sanna, District Jashpur
  Chhattisgarh.

                                                                   ---- Petitioner

                                        Versus

  State Of Chhattisgarh Through Police Of Police Station Sanna, District
  Jashpur Chhattisgarh.

                                                             ---- Respondent


  For Petitioner                    :       Mr. Govind Prasad Dewangan,
                                            Adv.
  For State/Respondent              :       Mr. Gurudev.I.Sharan, Govt. Adv.


                Hon'ble Shri Justice Arvind Singh Chandel
                             Judgment on Board

01.07.2022

        1. Heard.


        2. The petition being arguable, is admitted for hearing.


        3. The instant petition filed by the Petitioner under Section 482
             of the Code of Criminal Procedure, 1973 for seeking an order
             to release him on his own sureties/personal bonds, because
             he is unable to furnish the bail bonds even after granting bail
             to him by this Court vide order dated 14.06.2021 passed in
             CRA No. 1055/2019.


        4. Facts

of the case are that the Appellant has been convicted by the Trial Court vide judgment dated 18.04.2019, passed in Session Case No. 84/2015 for the offence punishable under Section 370(2) of the IPC, sentenced to RI for 7 years and to pay fine of Rs. 20,000/-, with default stipulation.

5. Learned Counsel appearing for the Petitioner would submit that the Appellant filed an appeal against the judgment of conviction and sentence dated 18.04.2019 before this Court in CRA No.1055/2019. Vide order dated 14.06.2021 of this Court, the execution of substantive jail sentence imposed upon the Appellant shall remain suspended and it was directed that the Appellant be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the Registry of this Court on 15.09.2021. As the Appellant is unable and failed to furnish his bail bonds due to which he still is in custody. He is a poor villager, therefore, he is failed to arrange funds for bail bonds after too many efforts. Due to his poor financial condition, he has also been provided an Advocate by High Court Legal Aid Services Committee. Taking into consideration the above submission, it is prayed that the Petitioner may be released on bail on furnishing his personal bonds only.

6. Learned Counsel appearing for the State/Respondent, objected the petition.

7. I have heard learned Counsel appearing for the parties and perused the material available on record.

8. Considering the above facts and circumstances of the case, particularly considering that the Appellant is unable to furnish his bail bonds, therefore, he is still in jail since 18.04.2019 thereby he has completed more than three years in jail despite the order of bail has already been passed by this Court on 04.06.2021.

9. Looking to the above, the instant petition is allowed. It is directed that the Appellant shall be released on bail only on furnishing his personal bond for a sum of Rs. 25,000/- to the satisfaction of the Trial Court for his appearance before this Court on 25.08.2022 and thereafter he shall 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 disposal of CRA No.1055/2019.

10. Accordingly, the instant petition is disposed of.

Sd/-

(Arvind Singh Chandel) Judge

Shubham