Chattisgarh High Court
Chhota Lallu @ Lilamani vs State Of Chhattisgarh on 11 May, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 1740 of 2019
Chhota Lallu @ Lilamani, S/o Parmeshwar Kol, aged about 19 years, R/o Village
Bhagwanpur, Police Station Janakpur, Presently residing at Ward No.02,
Armakherwa, Police Station Manendragarh, District Koriya (Chhattisgarh)
Versus
State of Chhattisgarh, through Station House Officer, Police Station
Manendragarh, District Koriya (Chhattisgarh)
11/05/2022 Mr. Arun Kumar Shukla, Advocate for the appellant.
Mr. Anmol Sharma, 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 conditions in the order dated 15.09.2021, granting bail to the
appellant.
The appellant was granted bail by order of this Court dated 15.09.2021 with the
condition to execute a personal bond of Rs.25,000/- alongwith two local sureties of the
like amount to the satisfaction of the concerned trial Court, for his appearance before the
concerned trial Court on 25th October, 2021 and 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 comply with the conditions stipulated by this Court in order dated 15.09.2021
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 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 81 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
15.09.2021 is prayed for.
Learned State counsel has no objection. He further submits that the issue of
enlarging accused/convict on his executing only personal bond and without surety has
been elaborately dealt with by this Court in the case of Bhawan Singh and others vs.
State of Chhattisgarh (CRA No.1607 of 2015), order dated 11.05.2022, wherein this
Court after considering the principle of law laid down by the Supreme Court in the cases
of Moti Ram (supra) and Hussainara Khatoon (supra) in great detail coupled with
other provisions of law directed the appellants therein to be released on his executing
only personal bond of Rs.5,000/-, which direction can also be issued by in the present
case.
Having hearing the learned counsels of the parties, taking into consideration the
facts and circumstances of the case and specially considering the fact that the appellant
being poor man is unable to comply with the conditions stipulated by this Court in order
dated 15.09.2021 while granting bail to him and in view of decisions of the Supreme
Court in the matters of Moti Ram (supra) and Hussainara Khatoon (supra) as well as
the order of this Court passed in the case of Bhawan Singh (supra), we deem it
appropriate to direct that the appellant- Chhota Lallu @ Lilamani be released on bail on
his executing only a personal bond of Rs.5,000/- (Rupees Five Thousand Only) 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 15.09.2021 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.
C.C. as per rules.
Sd/- Sd/-
(Sanjay K. Agrawal) (Rajani Dubey)
[email protected] Judge Judge
