Jharkhand High Court
Ram Dayal Kharia vs State Of Jharkhand on 16 July, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 13 of 2017
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Ram Dayal Kharia, S/o late Sukhnath Kharia, R/o Village Gariajore,
Sadantoli, PO and PS Kurdeg (Simdega), District Simdega, Jharkhand.
... Appellant
Versus
State of Jharkhand ... Respondent
CORAM : HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : Mr. Sunil Singh, Advocate
For the Respondent : Mr. Fahad Allam, APP
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Order No.06/Dated: 16th July, 2025
IA No. 6966 of 2025.
The present matter has been assigned to this Court by Hon'ble the
Chief Justice, on the administrative side vide order dated 09.07.2025, hence, the
present matter has been listed before this Court.
2. The present interlocutory application has been filed for modification of the
order dated 15.5.2017 passed by a coordinate Division Bench of this Court in IA
No. 93 of 2017 pertaining to conditions for furnishing bail bond on behalf of the
appellant.
3. It appears from the record that the case was being pursued by the legal aid
counsel. The order although was passed on 15.5.2017 but the appellant is still in
custody due to non-furnishing of bail-bond as it was directed by the coordinate
Bench that the appellant shall deposit a sum of Rs. 1,00,000/- in the name of the
children through their guardian as fixed deposit/cash certificate of a Nationalized
Bank for a period of nine year, subject to renewal and furnish a certificate to that
effect before the learned trial court. The trial court, in turn, was directed to see that
the cash amount will not be encashed by the appellant without leave of the court.
4. The present petition has been filed on the strength of an application dated
8.2.2025 received to the High Court Legal Services Committed by the appellant
through jail. Thereafter, the legal aid counsel has been provided and the case has
been allotted to the present counsel, namely, Sunil Singh. The reason perhaps is,
as has been submitted by Mr. Sunil Singh, the learned counsel that the earlier
counsel Mrs. Vandana Bharti has been empaneled as a State Counsel so by way of
fresh arrangement, the case has been allotted to him.
5. The petition reflects that the condition which has been imposed by the
Coordinate Division Bench vide order dated 15.5.2017, while suspending the
sentence of the appellant, has not been complied with and the reason has been
assigned that the appellant is not in a position to comply with the such conditions.
6. There are two parts which require consideration.
7. First Part is that the appellant is to be released forthwith by modifying the
order dated 15.5.2017 passed by the coordinate Division Bench. 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,
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.
9. The second part of the direction which needs to be passed is to show the
concern of the court regarding inaction of the District Legal Services Authority,
Simdega as also the Jail authorities of the jail at Simdega and Birsa Munda
Central Jail, Hotwar, Ranchi.
10. It has been informed by the learned counsel to this Court that at the
moment, the appellant was in Birsa Munda Central Jail, Hotwar, Ranchi and the
order passed by the coordinate Bench admittedly has been communicated to the
jail authorities but no efforts have been taken by them by making correspondences
to the legal aid for release of the appellant by getting the order modified in term
of the order passed by the Hon'ble Apex Court in the case of "Moti Ram and
others V. State of Madhya Pradesh and SMWP (Criminal) No. 4/2021 (supra).
11. The conduct of the District Legal Services Authority, Simdega is also
requires criticism that as to why the District Legal Services Authorities has sat idle
for about eight years and why the follow up action has not been taken by the
District Legal Services Authorities, Simdega by reporting it to either before the
JHALSA or Legal Services Committee within the reasonable period.
12. The learned Member Secretary, JHALSA is directed to conduct an enquiry
on the aforesaid issue and submit a report.
13. The Secretary, Home, State of Jharkhand is also directed to conduct an
enquiry, as to why, no proper course has been taken for the purpose of getting the
order dated 15.5.2017 modified, if the said order has already been communicated
to the respective authorities either jail at Simdega or the Birsa Munda Central Jail,
Hotwar, Ranchi.
14. Let the enquiry report be submitted before this Court.
15. This case is being posted on 30th June, 2025 for passing further necessary
order.
16. So far as the issue of release of inmate is concerned, he shall be released
forthwith within two days itself on personal bond.
17. The order be communicated to the court concerned through FAX.
18. Let this order also be communicated to all the District Legal Services
Authorities to be vigilant to do the regular periodic enquiry with all the Jail
Authorities in order to not to allow any such predicament with any prisoner in
future.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
KNR/
