BHAWAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is extremely unfortunate case where though the appellants herein had been admitted to privilege of bail by order of this Court dtd. 29/4/2016 and were directed to furnish bail bonds with one solvent surety each for their release, but they could not furnish bail bonds on the ground of their poverty and being member of Scheduled Tribe community and are still in jail for more than six years despite bail have been granted by suspending their jail sentence and now in shape of IA No.03 an application has been filed seeking modification of the aforesaid order dtd. 29/4/2016, permitting them to be released on personal bond(s).

(2.) Mr. Ravindra Sharma, learned counsel for the appellants submits that the family members of the appellants are not in contact with the appellants and, therefore, they have preferred the instant appeal through legal aid. They are poor villagers and belong to Scheduled Tribe community and are continuously incarcerated in jail since 11/8/2013, thus, they are unable to comply with the conditions stipulated by this Court in the order dtd. 29/4/2016 while granting bail to them and, because of which, they could not be released on bail. This fact has also been brought to the notice of the Secretary, High Court Legal Aid Services Committee by the jail authorities vide its letter dtd. 13/4/2022. He relied on an order passed by this Court in the case of Pardeshi @ Ratiram @ Raturam and others vs. State of Chhattisgarh wherein this Court relying on the judgments of Supreme Court in the cases of Moti Ram and others vs. State of M.P.,(1978) 4 SCC 47. and Hussainara Khatoon and others (I) vs. Home Secretary, State of Bihar,(1980) 1 SCC 81. directed the appellants therein to be released on bail on their executing only personal bond and exempted other conditions stipulated earlier while granting bail to the appellants therein. Hence, praying similar direction modification in the order dtd. 29/4/2016 is prayed for.

(3.) Learned State counsel submits that appropriate order in this regard be passed.