Jharkhand High Court
Uday Jonko vs The State Of Jharkhand on 28 August, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 18 of 2025
----
Uday Jonko ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
-------
CORAM :HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
------
For the Appellant : Mr. Awnish Shankar, Advocate
For the Respondent : None
--------
Order No. 05 : Dated 28th August, 2025
I.A. No. 11102 of 2025
1. The instant Interlocutory Application has been filed for
modification of order dated 20.06.2025 particularly paragraph 7
thereof praying for deleting the condition for grant of bail of
'furnishing bail bond of Rs. 25,000/- [Twenty Five Thousand] with
two sureties of the like amount each' and replacing the same with
the release of the appellant on furnishing personal bond.
2. It has been submitted that the appellant was granted bail
vide order dated 20.06.2025 with the condition that the appellant
has to furnish bail bond of Rs. 25,000/- [Twenty Five Thousand]
with two sureties of the like amount each to the satisfaction of
learned Sessions Judge, West Singhbhum, Chaibasa but since he
was unable to furnish the said bail bonds, as such the appellant
requested the Secretary, District Legal Services Authority,
Chaibasa through prisoner petition for the same, which has been
forwarded before the Secretary, High Court Legal Services
Committee, Ranchi.
3. It has been submitted that this case has been filed through
the legal aid provided by the Jharkhand High Court Legal Services
Committee and the appellant is languishing in jail custody for
approx. 14 years 9 months.
4. Therefore, prayer has been made that the appellant may be
directed to be released on bail on furnishing personal bond by
modifying order dated 20th June, 2025 to the aforesaid extent.
5. None is present to represent the State.
6. We have heard learned counsel for the appellant.
7. This Court has earlier passed order dated 16th July, 2025 in
Cr. Appeal No. 13 of 2017 taking note of the order passed by the
Hon'ble Supreme Court in "Moti Ram and others V. State of
Madhya Pradesh" reported in (1978) 4 SCC 47. For ready
reference, the relevant paragraph of order dated 16th July,
2017 is quoted as under:
"7.Such modification is warranted in view of the judgment passed
by the Hon'ble Apex Court in the case of "Moti Ram and others V.
State of Madhya Pradesh" reported in (1978) 4 SCC 47 wherein the
Hon'ble Apex Court has laid down a guideline to consider a
situation where even if after passing of an order of release, the
inmate has not come out from the custody, then the order is to be
passed by the Court by modifying the order which has been
passed for release of the inmate. The Hon'ble Apex Court in "SMWP
(Criminal ) No. 4/2021" has passed an order on 31.1.2023 by
laying down seven directions to avoid delay in release of prisoner
after getting bail, out of which one conditions being Condition No. 6
is that if the bail bonds are not furnished within one month from
the date of grant of the bail, 3 the concerned court may suo moto
take up the case and consider whether the conditions of bail
require modification/relaxation.
8.The present petition has been filed on the basis of the application
sent by the appellant from the jail which has been duly certified by
the jail authority showing helplessness in abiding by the conditions
stipulated in the order dated 15.5.2017. This Court, therefore, is of
the view that the said condition to be modified by directing to
release the appellant forthwith on the personal bond."
8. In view thereof, the appellant is directed to be released
forthwith on bail on furnishing personal bond. The other part of
the order dated 20.06.2025 shall remain intact.
9. Accordingly, the Interlocutory Application No. 11102 of 2025
stands disposed of.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Alankar/
