Madhya Pradesh High Court
Rais vs The State Of Madhya Pradesh on 22 September, 2021
Author: Sujoy Paul
The High Court Of Madhya Pradesh
CRA-657-2014
(RAIS Vs THE STATE OF MADHYA PRADESH)
Indore, Dated : 22-09-2021
Heard through Video Conferencing.
Shri Nilesh Dave, learned counsel for the appellant.
Smt. Vinita Phaye, GA for the respondent/State.
Heard on IA No. 4948/2021, which is an application filed under
section 389(1) of the Cr.P.C for grant of bail and suspension of execution
of remaining jail sentence of appellant Rais
The appellant is in custody because of his conviction under section
302 of IPC and sentence to undergo life imprisonment with fine of Rs.
10,000/-, in default of payment of fine, six months additional
imprisonment.
Learned counsel for the appellant submits that the appellant is in
custody since 06/02/2011 and he has suffered more than ten years R.I
without remission period. Final disposal of the appeal is likely to take
sufficient long time. In the present case, conviction under section 302 of
IPC is not legal and just. To bolster his submission, he has placed
reliance upon the judgment delivered in the case of Mohabbat Vs.
State of Madhya Pradesh reported in 2007(1) Vidhi Bhaswar 30.
Under these circumstances, learned counsel prays for grant of bail and
suspension of execution of remaining jail sentence of the appellant.
Per-contra, learned GA for the respondent/State opposes the
application and submits in reply that sufficient evidence is available on
record to establish the guilt of the appellant in the alleged offence.
Appellant was properly convicted and sentenced by the trial Court,
therefore, no case is made for grant of bail and suspension of execution
of remaining jail seentence of the appellant.
After perusal of the trail Court's record, it reveals that the
appellant is in custody for more than ten years; final disposal of the
appeal is likely to take sufficient long time; the deceased sustained about
35-40% burn injuries and she died after 13 days of the incident.
After considering the submissions made by learned counsel for the
parties and looking to the facts and circumstances of the case and the
period of the custody of the appellant, we deem it proper to suspend
the remaining jail sentence of appellant Rais.
Accordingly, I.A. no. 4948/2021 is allowed and the execution
of remaining jail sentence of the appellant is hereby suspended and it
is ordered that appellant Rais be released on bail on his depositing
the fine amount and on furnishing a personal bond in the um of
Rs.75,000/- (Rs. Seventy Five Thousand) with one solvent surety
of the like amount to the satisfaction of the trial Court with a further
direction to appear before the Registry of this Court on 22.12.2021
and also on such other dates, as may be fixed by the Registry of this
Court in this regard during the pendency of the appeal.
C C as per rules.
(SUJOY PAUL ) ( ANIL VERMA)
JUDGE JUDGE
Digitally signed by AMOL N
MAHANAG
Date: 2021.09.22 17:18:43
+05'30'
