Citation : 2025 Latest Caselaw 1291 Chatt
Judgement Date : 17 January, 2025
1
Digitally signed
by AKHILESH
BEOHAR
Date: 2025.01.17
16:17:10 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 9 of 2025
• Amar Singh, S/o Gangaram Nagvanshi, aged about 45 Years, R/o
Village - Chhatvan, Likupali, Police Station, Rajadeori, District Baloda
Bazar, Bhatapara Chhattisgarh.
... Petitioner
versus
1. State of Chhattisgarh, Through the Secretary, Home Department,
Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur,
Chhattisgarh.
2. Superintendent of Jail Raipur, District Raipur, Chhattisgarh.
3. Station House Officer Police Station, Rajadeori, District Baloda Bazar
Bhatapara Chattisgarh.
... Respondents
For Petitioner : Mr. Akhilesh Mishra, Advcocate.
For Respondents : Mr. Sachchidanand Yadav, Panel
Lawyer.
Hon'ble Shri Justice Sanjay S. Agrawal &
Hon'ble Shri Justice Radhakishan Agrawal
Order on Board
Per Radhakishan Agrawal, J.
17/01/2025
1. By way of this petition, the petitioner seeks issuance of a direction to
respondent No.2- Jail Superintendent, Raipur to release him from jail on
his furnishing a personal bond. A perusal of writ petition, it appears that
vide judgment dated 05.08.2024 passed in CRA No.495/2020, this Court
set-aside the conviction and sentence imposed upon the
petitioner/accused and accordingly, he was acquitted of the charge under
Section 302 of IPC and directed to be released forthwith if not required in
any other case while directing the accused/petitioner to furnish a
personal bond for a sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the trial Court.
2. Along with petition, he filed an application (I.A. No.01/2025) seeking
exemption to file affidavit on the ground that he is unable to provide a
competent surety due to poor financial condition of his family and
requested to release him on personal bond.
3. On due consideration and for the reasons mentioned therein, the said
application (I.A. No.01/2025) is allowed and accused/petitioner is
exempted to file affidavit.
4. Accordingly, it is ordered that accused/petitioner, who is in jail, be
released forthwith if not required in any other case, on his furnishing a
personal bond for a sum of Rs.25,000/- to the satisfaction of the trial
Court.
5. In view of above, the present petition stands disposed of.
6. Let a certified copy of this order be transmitted to the concerned trial
Court as well as concerned Jail Superintendent today itself for necessary
information and action.
Sd/- Sd/-
(Sanjay S. Agrawal) (Radhakishan Agrawal)
Judge Judge
Akhilesh
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