Saiyad Sasheb Ali vs The State Of Madhya Pradesh
2022 Latest Caselaw 2934 MP

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          The High Court Of Madhya Pradesh
                    CRA No. 782 of 2013
           (SAIYAD SASHEB ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 02-03-2022
      Shri Shashank Upadhyay - Advocate for the appellants.

      Shri Brahmadatt Singh - Government Advocate for the respondent.

Shri Uma Shankar Tiwari - Advocate for the objector.

I.A. No.21351 of 2021:

This is the fourth application filed on behalf of appellant No.1 - Saiyad Saheb Ali seeking for suspension of sentence and bail.

The appellant herein has been convicted for the offence punishable under Section 302 read with 120-B of the IPC and sentenced to rigorous imprisonment for life along with fine and further convicted under Section 201 of the IPC and sentenced to rigorous imprisonment for three years and fine with default stipulations, as mentioned in the impugned judgment.

Learned counsel for the appellant contends that appellant No.1 has been in custody since 17.07.2010, namely, for almost 11 years and 07 months. There are three accused of which two have already been released on bail. Appellant No.2 - Saiyad Karamat Ali was released on bail by order dated 17.11.2021

passed in I.A. Nos.563 of 2018 and 22459 of 2015. Appellant No.3 - Rekha Mishra was enlarged on bail by order dated 15.10.2015 passed in I.A. No.3295 of 2015. Hence, he pleads that the application for bail be considered on the said ground.

Learned Government Advocate opposed the bail application but does not dispute the fact that appellant No.1 - Saiyad Saheb Ali is in custody for more than 11 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 followed in Criminal Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 have held that if the period of custody undergone by the accused is eight years for a sentence of life imprisonment, the same shall constitute a ground to enlarge the appellant on bail subject to the other exceptions as noted therein.

We do not find any exceptional circumstances in this case. Since the appellant has already undergone custody for a period of 11 years and 07 months, we are of the view that he is entitled to be released on bail on that

ground itself. Consequently, without expressing any view on the merit of the case, I.A. No.21351 of 2021 is allowed. The sentence awarded by the trial Court dated 19.01.2013 so far as the present applicant is concerned, is suspended.

Appellant No.1 - Saiyad Saheb Ali is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Khandwa (M.P.) on 11.07.2022 and thereafter, on such other subsequent dates, as may be fixed in that behalf.

The 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.

Accordingly, I.A. No.21351 of 2021 is disposed off.

                                       (RAVI MALIMATH)                          (DINESH KUMAR PALIWAL)
                                         CHIEF JUSTICE                                   JUDGE

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Digitally signed by SACHIN CHAUDHARY
Date: 2022.03.03 18:35:51 +05'30'