Devilal Gond vs State Of Chhattisgarh
2025 Latest Caselaw 4478 Chatt

Chattisgarh High Court

Devilal Gond vs State Of Chhattisgarh on 16 September, 2025

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         signed by
         ANURADHA
ANURADHA TIWARI
TIWARI   Date:
         2025.09.16
         17:32:00
         +0530                                      1/3




                            HIGH COURT OF CHHATTISGARH AT BILASPUR


                                          WPCR No. 505 of 2025

                           DEVILAL GOND versus STATE OF CHHATTISGARH

                                                Order Sheet




                      16.09.2025        Heard Mr. Satish Chandra Verma, learned Senior

                                   Counsel assisted by Ms. Sunita Jain, learned counsel

                                   for the petitioner as well as Mr. Shaleen Singh Baghel,

                                   learned Deputy Government Advocate, appearing for

                                   the State/respondents.

It is apparent from the jail records dated

29.08.2025 that the petitioner remained in jail from

07.12.2012 to 19.05.2025, although he had already

been acquitted by this Court on 20.01.2018.

From perusal of the judgment dated 20.01.2018, it

transpires that though the petitioner had been acquitted

in CRA No.968/2013, in paragraph 12 of the said

judgment it was recorded that the appellant (who is the

petitioner herein) was on bail and that his sureties and

personal bonds earlier furnished at the time of

suspension of sentence shall remain operative for a

period of six months in terms of Section 437-A of the

Cr.P.C. It is also evident from the record that the

appellant was represented by counsel, Shri K.K. Singh.

If there was an apparent error in recording that the

appellant was on bail, though in fact he was in jail, it is

to be explained why neither the counsel pointed it out at

the time of dictation of the judgment, nor was any

application moved thereafter for correction of the said

error.

The petitioner has approached this Court only

after coming to know the judgment of the Hon'ble

Supreme Court in the case of Sohan Singh @ Bablu v.

State of Madhya Pradesh, Special Leave to Appeal

(Crl.) No.11244/2025, passed on 08.09.2025, wherein

the Hon'ble Supreme Court awarded compensation to

the tune of Rs.25 Lacs to the appellant for his continued

detention despite acquittal.

The Director General of Police, State of

Chhattisgarh, is directed to file his personal affidavit

explaining as to why the petitioner, namely, Devilal

Gond, was detained in jail despite his acquittal by this

Court vide order dated 20.01.2018 passed in CRA

No.968/2013.

In the aforesaid circumstances, while directing the

Director General of Police to file his personal affidavit,

the petitioner is also directed to explain as to why he did

not approach this Court immediately after passing of the

judgment dated 20.01.2018. It is, however, noted that

the petitioner was eventually released from jail on

19.05.2025.

List the matter after three weeks.

               Sd/-                             Sd/-
       (Bibhu Datta Guru)                 (Ramesh Sinha)
              Judge                         Chief Justice
Anu
           Judge