Balram @ Manglu Ram vs State Of Chhattisgarh
2022 Latest Caselaw 3224 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                 Order Sheet

                            CRA No. 1561 of 2019

• Balram @ Manglu Ram, S/o Tulsiram Vishwakarma, Aged about 28 years,
  R/o Village- Ghodsoda, Patelpara, Police Station- Makdi, District-
  Kondagaon, Chhattisgarh.                             ---- Appellant

                                   Versus

• State of Chhattisgarh, through Police Station- Makdi, District- Kondagaon,
  Chhattisgarh.                                             ---- Respondent

04.05.2022 Mr. Hanuman Prasad Agrawal, counsel for the Appellant.

Mr. Ashish Gupta, Panel Lawyer for the State/Respondent.

Heard on I.A. No. 02/2022, an application for modification

in order dated 18.11.2021 passed by this Court.

By the impugned judgment dated 28.09.2019 passed by

the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989,

Kondagaon, District- Kondagaon (C.G.), in Special Criminal Case

SC/ST(PA) Act, 1989 No.56/2016, the appellant stands convicted

and sentenced for the offence as mentioned below:

                    Conviction            Sentence           In Default

              U/s 376(1) of the RI for 07 years and In          default    of
              IPC                  fine     amount   of payment      of   fine
                                   Rs.20,000/-.         amount     additional
                                              RI for 04 months.

U/s 506-B of the RI for 01 year and In             default       of
IPC                   fine    amount     of payment      of     fine
                      Rs.5,000/-.            amount    additional
                                             RI for 01 month.

Learned counsel for the appellant submits that the

appellant is in jail since 28.06.2016. Vide order dated 18.11.2021

application for suspension of sentence and grant of bail submitted

by the appellant was allowed by this Court. It was directed that

the appellant shall be released on bail on his furnishing a

personal bond for a sum of Rs. 25,000/- with one solvent surety

in the like sum to the satisfaction of the concerned trial Court.

Vide memo dated 13.04.2022 received from the Office of

Jail Superintendent, Central Jail, Jagdalpur, District- Bastar

(C.G.) it has been reported that as the appellant has not

submitted his bail bond as directed by this Court, therefore, he is

still in jail.

In view of the above, learned counsel for the appellant

would submit that instead of bail bonds, the order dated

18.11.2021 be modified and the appellant be released on bail on

executing a personal bond only, in the light of decision of the

Supreme Court in the matter of Moti Ram and Others Vs. State of Madhya Pradesh in (1978) 4 SCC 47 and Hussainara Khatoon

and Others (I) Vs. Home Secretary, State of Bihar in (1980) 1

SCC 31, which is not opposed by learned State counsel.

I have heard both the counsel for the parties.

Taking into consideration, the facts and circumstances of

the case, considering the fact that the appellant is in jail since

28.06.2016, he is unable to furnish solvent surety as per order

passed by this Court dated 18.11.2021. Due to poor financial

condition, the application submitted by the appellant is allowed

and the order passed by this Court dated 18.11.2021 is modified.

Now, the appellant is directed to be released on bail on

furnishing only a personal bond of Rs. 25,000/- for the like sum to

the satisfaction of the trial Court for his appearance before the

Registry of this Court on 11th July, 2022. He 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 him by the said Court, till the

disposal of this appeal.

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

Sd/-

(Arvind Singh Chandel) Vasant Judge