Suresh Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 75 MP

                                   1                             CRA-5210-2019
        The High Court Of Madhya Pradesh
                 CRA No. 5210 of 2019
            (SURESH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 03-01-2022
      Shri Dinesh Prasad Patel, Advocate for the appellant.

      Shri Akshay Pawar, Panel Lawyer for the respondent/State.

I . A. No.8892 of 2021 is first application seeking suspension of sentence and grant of bail on behalf of appellant - Raghvendra Singh (Accused No.2).

Appellant has been convicted under Sections 302/34 of Indian Penal Code and sentenced to R.I. for life and fine of Rs.25,000/- and further convicted under Section 325/34 (three counts) of Indian Penal Code and sentenced to R.I. for 4 years with fine of Rs.5,000/- vide impugned judgment dated 28.5.2019 passed by First Additional Sessions Judge, Nagaud, District

- Satna in Sessions Trial No.69 of 2012.

Learned counsel for the appellant submitted that during the course of trial the appellant - Raghvendra Singh was in jail for about 5 years and 7 months and after conviction he is in custody since 28.5.2019 and thus so far

he has undergone a total period of 8 years and 2 months. 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 half of the sentence then the application requires to be considered on that ground. In the instant case, since he has been convicted for life and he has already undergone custody for about 8 years and 2 months, we deem it just and necessary that he be enlarged on bail only on that ground itself.

Consequently, the application is allowed. The judgement of sentence 2 CRA-5210-2019 awarded by the trial Court dated 28.5.2019 is suspended.

Appellant - Raghvendra Singh is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Satna 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

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Date: 2022.01.04 15:08:06
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