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2026 DAILYLAW 10206 (CHH)

ARUN VASANT BAPAT v. UNION OF INDIA

CRMP/1085/2026 · 2026-05-05

Smt Rajani Dubey

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:21053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1085 of 2026 Arun Vasant Bapat S/o Vasant Vinayak Aged About 42 Years (At Present Aged About 59) Years, R/o C-6, Parijat Colony Nehru Nagar, Bilaspur, (C.G.) ... Petitioner versus Union Of India Through- C.B.I. Anti Corruption Branch Jabalpur (M.P.) ... Respondent _____________________________________________________________ For Petitioner : Ms. Sareena Khan, Advocate For Respondent : Mr. Jitendra Shrivastava, G.A. _____________________________________________________________ Hon'ble Smt. Justice Rajani Dubey Order on Board 06.05.2026 1. Present CRMP has been filed seeking modification of the judgments which were passed by this Court on 13.03.2026 in Criminal Appeal No. 299/2006, judgment dated 26.02.2026 in Criminal Appeal No. 830/2005 and judgment dated 26.02.2026 in Criminal Appeal No. 631/2007. 2. Heard on I.A. No. 1/2026, which is an application for exemption from filing certified copies of the impugned judgments and filing separate petition for each case. 3. Upon due consideration and for the reasons assigned in the application, the same is allowed. 4. Learned counsel for the petitioner submits that the present petition Digitally signed by AMIT PATEL 2 has been filed seeking exemption from furnishing bail bonds of ₹25,000 each, amounting to a total of 75,000, along with three local ₹ sureties on the ground that the appellant is under financial distress and is unable to arrange/furnish bail bonds. She further submits that the appellant is presently earning his livelihood by teaching students. Therefore, the impugned judgments be modified to the extent of exemption of bail bonds to the tune of Rs. 25,000/- each may be exempted. 5. Mr. Jitendra Shrivastava, learned Government Advocate assisted the Court. 6. I have gone through the impugned judgment, wherein it was specifically directed in para 32 of the judgment that in view of the provisions of Section 437-A of Cr.P.C. (481 of the B.N.S.S.) appellants are directed to forthwith furnish a personal bond in terms of Form No. 45 prescribed in the Code of Criminal Procedure of sum of Rs. 25,000/- each with one surety in the like amount before the Court concerned which shall be effective for a period of six months along with an undertaking that in the event of filing of Special Leave Petition against the instant judgment or for grant of leave, the aforesaid appellants on receipt of notice thereof shall appear before the Hon’ble Supreme Court. 7. In this regard, Section 437-A of the Code of Criminal Procedure, 1973 mandates that before conclusion of trial or disposal of appeal, the Court shall require the accused to execute bail bonds with sureties to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment. The said bond shall remain in force for a period of six months from the 3 date of such judgment. Accordingly, compliance of Section 437-A CrPC is ensured prior to release of the accused. 8. For ready reference, Section 437-A of Cr.P.C. is reproduced as under:- “Section 437-A of Cr.P.C.- Bail to require accused to appear before next appellate Court. 1[(1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute bail bonds with sureties, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bail bonds shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.] 9. Thus, in view of the above and the mandatory provision of the statute, I do not find any good ground to exempt the appellant from furnishing bail bonds of 25,000 each. ₹ 10. Accordingly, the present CRMP is hereby dismissed. Sd/- (Rajani Dubey) JUDGE AMIT PATEL