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2000 DIGILAW 253 (SC)

Jagroop Singh v. K. Chatterjee

2000-02-01

D.P.MOHAPATRA, K.T.THOMAS

body2000
ORDER 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. 1,00,000/- (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. 4. After hearing learned counsel for the appellant and also learned Solicitor General of India we are of the opinion that the bond amount can be reduced again to Rs. 50,000 (rupees fifty thousand). We, therefore direct that appellant be released on bail (on completion of his detention period) on his executing a bond in a sum of Rs. 50,000/- with one solvent surety to the satisfaction of A.C.M.M. New Delhi. 5. The Appeal is disposed of. (C.R.) Appeal disposed of accordingly. *************** Parallel Citations of other Journals : Jagroop Singh v. K. Chatterji, 2000(5) Supreme 573 : 2000 (3) JT 353 : 2000 (3) Crimes 178 : 2000 (2) All. Crl. L.R. 332 : 2000 (89) ECC 456 00024