Jharkhand High Court
Nirmal Kido vs The State Of Jharkhand on 1 May, 2025
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (DB) No. 1413 of 2024
------
Nirmal Kido, aged 27 years, S/o Late Lajrus Kido, Resident of Keundih
Birhortoli, P.O. & P.S. Pakartanr, District- Simdega., Jharkhand.
... 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. Sunil Singh, Advocate
For the Respondent : Mr. Sanjiv Kumar Srivastava, A.P.P.
------
06/Dated: 1st May, 2025
I.A. No. 4218 of 2025:
1. It is a case where the interlocutory application being IA No. 11963 of
2024 has been disposed of vide order dated 7th January, 2025, by
which the prayer for suspension of sentence has been allowed with a
direction for release of the appellant, namely, Nirmal Kido on
furnishing bail bonds of Rs. 25,000/- with two sureties of the like
amount each to the satisfaction of the learned Sessions Judge,
Simdega in connection with Sessions Trial No. 160 of 2022, in Para-
16 of the said order. For ready reference, Para-16 of the said order is
being referred herein which reads as under:
"16. Accordingly, the appellant, above named, is directed to be released on
bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-Five
Thousand) with two sureties of the like amount each to the satisfaction of
the learned Sessions Judge, Simdega in connection with in Sessions Trial
No. 160 of 2022 arising out of Pakartanr P.S. Case No. 18 of 2022
corresponding to G.R. Case No. 308 of 2022."
2. The case has been listed on the basis of application received to the
District Legal Services Authority, Simdega wherein the request was
made to the Secretary, District Legal Services Authority, Simdega
that even though the direction has been passed by this Court vide
order dated 07.01.2025 in interlocutory application being I.A. No.
11963 of 2024 in Cr. Appeal (DB) No. 1413 of 2024 for his release
and even communicated to the family members, but nobody has
come to furnish the sureties along with the bonds, as per the
direction passed in order dated 07.01.2025. Hence the request has
been made for his release on the P.R. bond.
3. The matter has been put before this Court on the basis of the said
letter communicated by the High Court Legal Services Committee,
Ranchi.
4. This Court has passed order seeking report from the District Legal
Services Authority, Simdega and the report has been furnished,
informing this Court that nobody has come to furnish the bail-bonds.
Such report has been furnished on the basis of the enquiry
conducted by the Para Legal Volunteer, namely, Purusholya Das on
17.03.2025 and the said communication dated is available on record.
5. It is evident therefrom that the mother of the appellant, who was
being reported as an old lady earning her livelihood by doing labour
work, had shown her inability to furnish the bail-bond due to
poverty.
6. Mr. Sunil Singh, learned counsel appearing for the appellant has
submitted by referring to 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 had laid down the guidelines to consider a situation where
even after passing of the order of release and 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.
7. It has further been submitted that the Hon'ble Apex Court on
31.01.2023 in SMWP (Criminal) No. 4/2021 has issued seven
directions to avoid delay in release of prisoners after getting bail, out
of which one condition being Condition No. 6 is that if the bail bonds
are not furnished within one month from the date of grant, the
concerned Court may suo moto take up the case and consider
whether the conditions of bail require modification/relaxation.
8. The learned counsel appearing for the appellant, based upon the
aforesaid guidelines as available in the said order, has submitted that
the order dated 07.01.2025 may be modified, particularly, Para-16
thereof, by directing the release of the appellant by furnishing the
personal bond.
9. The learned Additional Public Prosecutor appearing for the State has
no opposition for the same.
10. We have heard the learned counsel for the parties.
11. We, on consideration, of the communication made by the Para Legal
Volunteer on the enquiry conducted on 17.03.2025 wherein the PLV
has reported to the Secretary, District Legal Services Authority,
Simdega regarding the situation of the mother, who is an old lady,
earning her livelihood by doing labour work, is not in a position to
furnish the bail bonds.
12. We have also seen the application furnished by the inmate to the
Secretary, District Legal Services Authority, Simdega wherein also
the request has been made for his release on the personal bond.
13. This Court, on consideration of the guidelines as contained in the
order dated 31.01.2023 passed by Hon'ble Apex Court in SMWP
(Criminal) No. 4/2021, particularly, Condition No. 6 thereof,
wherein it has been observed that in a case where the bail bonds are
not furnished within one month from the date of grant of bail, the
concerned Court may suo moto take steps for the modification of the
conditions of the bail.
14. This Court, therefore, is of the view that the order dated 7th January,
2025 is required to be modified, in view of the aforesaid guidelines
passed by the Hon'ble Apex Court and in fact and circumstances
where the mother has shown inability to furnish the bail bond due to
poverty and old age.
15. Accordingly, the order dated 7th January, 2025, particularly, Para-16
is being modified to the extent that the appellant is directed to be
released on his personal bond.
16. The order dated 7th January, 2025 is modified to the extent as
indicated hereinabove and the rest part of the order shall remain
intact.
17. Accordingly, the interlocutory application being I.A. No. 4218 of
2025 stands allowed with the aforesaid modification.
(Sujit Narayan Prasad, J.)
(Rajesh Kumar, J.)
Samarth
