Prakash @ Lala vs The State Of Madhya Pradesh
2022 Latest Caselaw 3409 MP

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                                            The High Court Of Madhya Pradesh
                                                     CRA No. 1273 of 2015
                                                     (PRAKASH @ LALA Vs THE STATE OF MADHYA PRADESH)

                                   Indore, Dated : 10-03-2022
                                         Mr. Mitesh Jain - Advocate for appellant.

                                         Mr. K.K. Tiwari - Government Advocate for respondent-State.

I.A. No.27877 of 2021:

This is the third application seeking for suspension of sentence and bail filed by the sole appellant, who has been convicted under Sections 302 and 307 of the Indian Penal Code and Section 25(1-B) (B) of the Arms Act and

sentenced to Life Imprisonment with fine of Rs.1,000/-, R.I. for 7 years with fine of Rs.1,000/- and R.I. for 1 year with fine of Rs.500/- respectively vide impugned judgment dated 31.07.2015 passed by Additional Sessions Judge, Khachrod, District Ujjain in Sessions Trial No.372 of 2010.

The sole contention of learned counsel for the appellant is that the appellant has been in custody since 02.06.2010 namely almost for a period of 12 years. Hence, he pleads that the application for bail be considered o n the said ground. The same is disputed by the learned Government Advocate.

However, on hearing learned counsels, we are of the view that the

appellant would be entitled to be enlarged on bail.

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 Criminal Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held

Signature Not Verified SAN that if the period of custody undergone by the accused is eight years for a

Digitally signed by PREM SHANKAR MISHRA sentence of life imprisonment, the same shall constitute a ground to enlarge the Date: 2022.03.10 18:23:46 IST

appellant on bail subject to the exceptions as mentioned therein.

On considering the facts, we do not find that the exceptions as pointed out by the Hon'ble Supreme Court in the order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh Vs. The State of U.P. and others, are applicable herein. Since he has already undergone the custody of almost for a period of 12 years, we are of the view that he requires to be enlarged on bail on that ground itself.

Consequently, I.A. No.27877 of 2021 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant - Prakash @ Lala 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, Ujjain on 18.07.2022 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.

                                         (RAVI MALIMATH)                                 (VIJAY KUMAR SHUKLA)
                                           CHIEF JUSTICE                                         JUDGE

                                   psm

Signature Not Verified
  SAN




Digitally signed by PREM SHANKAR
MISHRA
Date: 2022.03.10 18:23:46 IST