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2025 DAILYLAW 38701 (CHH)

SHIVMOY DATTA v. STATE OF CHHATTISGARH

CRMP/2763/2025 · 2025-09-02

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:44867 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2763 of 2025  Shivmoy Datta (Wrongly Written As Sibamoy Datta) S/o Satiranjan Datta Aged About 63 Years Resident Of R G M, 23/3010, Raghunathpur, V I P Road, Kolkata, Airport, District 24 Pargana, Kolkata, West Bengal And Reject Enclave Flat No. 5-A, Block No. 07, V I P Road, Police Station Bagati, Kolkata- 700052. ... Petitioner(s) versus  State Of Chhattisgarh Through The Station House Officer, Police Station Pandatarai, District - Kawardha (Kabirdham), Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Pushpendra Singh Baghel, Advocate For State : Mr. T.L. Bareth, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 03. 09.2025 1. The Registry has pointed out certain defaults. As case has been filed through Legal Services Authority, defaults pointed out by the Registry are hereby ignored. 2. Learned counsel for the petitioner would submit that the petitioner was granted bail in MCRC No. 2094 of 2024 vide order dated 10.04.2024, but he could not furnish bail bond to the sum of Rs. 25,000/- with one surety, therefore, he has not been released yet. He would pray that a direction may be issued to the concerned Court to release the petitioner on executing his personal bond without any surety. He would contend that the petitioner was arrested for commission of offence punishable under SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.04 15:24:25 +0530 2 Sections 420, 406/34 of IPC and Sections 3, 4, 5 of Prize Chits and Money Circulation Scheme (Banning) Act and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005. He would further contend that the petitioner is in jail since 20.07.2022. 3. On the other hand, learned counsel appearing for the State would oppose. 4. Heard. 5. Considering the fact that the petitioner was enlarged on bail vide order dated 10.04.2024, but he could not furnish bail bond to the sum of Rs. 25,000/- with one surety; therefore, he has not been released from jail till date. 6. Further considering the fact that the petitioner is in jail since 20.07.2022; therefore, I am inclined to allow this petition. Accordingly, this petition is hereby allowed. The concerned Court is directed to release the petitioner on his personal bond forthwith. Sd/- (Rakesh Mohan Pandey) Judge $iddhant