KALLU Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) The prayer in the present application, inter-alia, is for releasing the applicant-appellant No.1 on personal bonds as his sentence was suspended by a Co-ordinate Bench of this Court (in CRM-9913-2025) vide order dated April 03, 2025. While suspending the sentence of the applicant-appellant No.1 during the pendency of appeal, the Court directed him to furnish appropriate bail bonds to the satisfaction of the concerned Chief Judicial Magistrate/Duty Magistrate, Chandigarh.

(2.) Learned counsel for the applicant submits that the applicant has been in continuous custody for more than 08 years and being a poor person in judicial custody, he was not in a position to arrange for sureties to the satisfaction of the learned CJM/DM, Chandigarh. Attention of the Court is drawn to the fact that the applicant maintained good conduct inside the jail throughout during the span of 08 years. The applicant is also a first time offender against whom there is no other case pending. Therefore, the applicant should be released on personal bonds as it is virtually impossible for him to arrange for sureties, without being enlarged on bail at least for a limited period of time.

(3.) In support of his contention, he relies on the directions of Supreme Court passed in SMWP (Criminal) No.4/2021 "In Re Policy Strategy for grant of bail" and the judgment of the Apex Court in "Ramchandra Thangappan Aachari v. The State of Maharashtra" reported in (2024) SCC OnLine SC 2629.