Chattisgarh High Court
Sukhram Dhruv vs State Of Chhattisgarh on 24 January, 2025
1/5
Digitally
signed by
ANURADHA
ANURADHA TIWARI
HIGH COURT OF CHHATTISGARH AT BILASPUR
TIWARI Date:
2025.01.24
17:11:24
+0530
I.A. No. 02 of 2025
In Re:
CRA No. 2062 of 2023
Sukhram Dhruv S/o Late Itwari Ram Dhruv Dhruv Aged About 85
Years Caste Gond, R/o Village Farsaguda, Pujaripara, Police Station
Bhanpuri, District Bastar (C.G.)
... Appellant
versus
State of Chhattisgarh Through- Station House Officer, Police of
Police Station- Bhanpuri, District- Bastar (C.G.)
... Respondent
(Cause-title taken from Case Information System)
24/01/2025 Heard Ms. Smita Jha, learned counsel for the
appellant and Mr. Nishant Jaiswal, learned Panel
Lawyer, appearing for the respondent-State on IA
No. 02 of 2025, which is an application filed on
behalf of the appellant seeking modification of the
conditions in the order dated 21.10.2024, granting
bail to the appellant.
The appellant was granted bail by order of this
Court dated 21.10.2024 with the condition to
execute bail bond with two sureties to the
satisfaction of the concerned trial Court for his
appearance before the Registry of this Court on
19.12.2024. 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 final disposal of this appeal.
Learned counsel for the appellant submits
that the appellant is poor person and he is living
alone in house as well as he did not have any
property and therefore, he is unable to comply with
the conditions stipulated by this Court in order
dated 21.10.2024 while granting bail to him and,
therefore, he could not be released on bail. 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 Moti 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
21.10.2024 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 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, which direction can also be
issued in the present case.
Having hearing the learned counsel of the
parties, taking into consideration the facts and
circumstances of the case and specially
considering the fact that the appellant being poor
person and his relatives are not present in the
State of Chhattisgarh, therefore, he is unable to
comply with the conditions stipulated by this Court
in order dated 21.10.2024 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-
Shukhram Dhruv be released on bail on his
executing only a personal bond to the satisfaction
of the trial Court concerned and shall appear
before the Registry of this Court on 24th of
February, 2025. 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 21.10.2024 is
modified to the extent indicated above.
IA No.02 of 2025 is allowed.
A copy of this order be communicated to the
concerned jail authorities.
Sd/- Sd/-
(Bibhu Datta Guru) (Ramesh Sinha)
Judge Chief Justice
Anu
