Chattisgarh High Court
Budhwar Sai @ Dhodhola Dhanuhar vs State Of Chhattisgarh on 6 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1519 of 2018
Budhwar Sai @ Dhodhola Dhanuhar, S/o Sukhlal Dhanuhar, aged about 35
years, R/o Village Kedarpur, Police Station Premnagar, District Surajpur
(Chhattisgarh)
Versus
State of Chhattisgarh, through the Station House Officer, Police Station
Premnagar, District Surajpur (Chhattisgarh)
06/05/2022 Mr. Aditya Khare, Advocate for the appellant.
Mr. Somya Rai, Panel Lawyer 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 order dated 16.02.2021 granting bail to the
appellant.
The appellant was granted bail by order of this Court dated 16.02.2021 with the
condition to furnish a personal bond 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 22nd March, 2021 and on all such further dates as may be
directed by the said Court, interval being not less than 6 months, till final disposal of
this appeal, 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 two local sureties as directed by this Court vide order dated
16.02.2021 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 08.09.2021
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 two local
sureties as directed by this Court vide order dated 16.02.2021 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-
Budhwar Sai @ Dhodhola Dhanuhar be released on bail on his executing only a
personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only), on or before
11.06.2022, and shall appear before the Registry of this Court on 17th 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 16.02.2021 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
[email protected]
