Ranjeet Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 72 MP

                                    1                               CRA-3695-2016
          The High Court Of Madhya Pradesh
                   CRA No. 3695 of 2016
                   (RANJEET YADAV Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 03-01-2022
         Shri Siddharth Datt, Advocate for the appellant.

         Shri Dilip Parihar, Panel Lawyer for the respondent/State.

Shri Manish Tiwari, Advocate for the objector.

I.A. No.17975 of 2021 is second application seeking suspension of sentence and grant of bail on behalf of appellant - Ranjeet Yadav (Accused

No.2).

Appellant has been convicted under Section 302 read with Section 149 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.5,000/- vide impugned judgment dated 11.11.2016 passed by Fifth Additional Sessions Judge, Jabalpur in Sessions Trial No.123 of 2014.

Learned counsel for the appellant submitted that the appellant is in custody since 9.10.2013. Even if the period of sentence is to be considered as sentence for life, then the normal custody without remission would be a period of about 14 years.

The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India and others) and affirmed in Civil Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the accused has undergone the custody of half of the sentence then the application requires to be considered on that ground. In the instant case, he has been convicted for life and he has already undergone custody for about 8 years without remission. Hence, we deem it just and necessary that he be enlarged on bail on that ground alone.

Consequently, the application is allowed. The judgement of sentence awarded by the trial Court dated 11.11.2016 is suspended.

Appellant - Ranjeet Yadav is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one 2 CRA-3695-2016 solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Jabalpur on 06.07.2022 and thereafter, on such other subsequent dates as may be fixed in that behalf.

T h e Jail Authority is also directed to ensure that the appellant is examined by the Jail Doctor for Covid-19 before his release. In case, the Jail

Doctor is of the opinion that the appellant can be released, all precautionary protocol prescribed from time to time by the Supreme Court, the Central Government as well as the State Government during release, travel and residence of the appellant during the period of bail be also strictly adhered to.

              (RAVI MALIMATH)                  (PURUSHAINDRA KUMAR KAURAV)
                CHIEF JUSTICE                             JUDGE

   Anchal
Digitally signed by
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Date: 2022.01.04
17:11:47 +05'30'