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Lingaram Kodopi v. State of Chhattisgarh

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 357 of 2014)Decided 7 Feb 2014
Criminal Appeal No. 357 of 2014
Justice S.S. Nijjar · Justice A.K. Sikri

Background

Lingaram Kodopi and Soni Sori were accused of acting as intermediaries for money allegedly intended for Naxalites. They remained in custody while two co-accused had obtained bail, and charges were still to be framed. They challenged the High Court's refusal of bail and disputed the prosecution account.

Decision Breakdown

The Court granted both appellants bail pending trial after considering their lengthy custody, the co-accused's release, prior acquittals and personal circumstances, including Soni Sori's health and children. It did not finally determine the allegations or the competing claims about false implication. Bail required personal bonds of Rs. 50,000 with two sureties each. The appellants had to report weekly to the concerned police station, attend trial dates, disclose residence changes and obtain the trial court's permission before leaving the station or travelling abroad.

Lesson Learnt

Even serious allegations require an individual assessment of continued pretrial custody. Bail permits release subject to enforceable attendance and reporting conditions while guilt remains for the trial to decide.

Official source (sci.gov.in)View Judgment (PDF)

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