JAGROOP SINGH Vs. K CHATTERJEE

JUDGEMENT

(1.) Leave granted.

(2.) We heard both sides. If the appellant found it difficult to execute a bond in a sum of Rs. 2,00,000/- (rupees two lakhs) it should not be a ground to continue to detain him in prison. The affordability of the prisoner must also be a consideration for the Court in fixing up the amount of the bond. Subsequently the High Court reduced the bond amount to Rs. l,00,000/- (Rupees one lakh) and even that was beyond the capacity of the appellant and hence appellant filed this appeal by special leave.

(3.) We are told that appellant was undergoing detention under an order passed as per the provision of COFEPOSA and the period of detention is to expire on 2-2-2000. We feel that the grievance of the appellant is genuine as the trouble would not have been undertaken by the appellant in approaching this Court for this limited purpose.