Crl.Misc.No.M-14773 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-14773 of 2011 (O&M) Date of Decision: 27.05.2011 Hari Shankar ...Petitioner Vs. State of Punjab & Ors. ...Respondents BEFORE: HON'BLE Ms.JUSTICE NIRMALJIT KAUR Present: Mr.S.S.Rana Advocate, for the petitioner. Mr.J.S.Brar, DAG, Punjab. --- 1. Whether Reporters of Local Newspapers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Nirmaljit Kaur, J. (Oral) This is a petition under section 482 of the Code of Criminal Procedure praying for directions to respondents No.2 and 3 to release the petitioner from jail on his furnishing own personal bonds. It is not disputed that vide order dated 23.11.2010 passed by the Government of Punjab, the petitioner has been ordered to be released on his furnishing two sureties, whereas the petitioner is stated to be a poor and indigent person who belongs to Madhya Pradesh and therefore, he is not Crl.Misc.No.M-14773 of 2011 2 capable to arrange for the required sureties. Due to non-availability of sureties, he could not be released in spite of the fact that release order was passed. The facts are not disputed. Learned counsel appearing on behalf of the State does not dispute the well settled proposition of law. Hon'ble Supreme Court as per ratio of the judgment rendered in the case of Moti Ram & Ors. Vs. State of Madhya Pradesh 1980 C.L.R. (SC) 27 was pleased to hold that in the situation like the present one, a person can be released on his furnishing personal bonds. In view of the above, present petition is allowed and the petitioner is ordered to be released on his executing two personal bonds in the sum of Rs.10,000/- each to the satisfaction of District Magistrate, Jalandhar along with undertaking and satisfaction of other conditions as per the release order dated 23.11.2010. (Nirmaljit Kaur) 27.05.2011 Judge rp