Tularam Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 13414 MP

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                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                   CRA No. 2917 of 2015
                                          (TULARAM YADAV Vs THE STATE OF MADHYA PRADESH)

                    Dated : 17-08-2023
                          Shri Brijesh K.Mishra - Advocate for appellant.

                          Shri Pramod Thakre - Government Advocate for respondent/State.

Heard on I.A. No.18944 of 2022.

This is the third application seeking for suspension of sentence and bail filed on behalf of appellant who has been convicted under Section 302 of Indian Penal Code and

sentenced to R.I. for Life and fine of Rs.10,000/- and Section 201 of Indian Penal Code and sentenced to R.I. for 7 years and fine of Rs.2,000/-, with default stipulation vide judgment dated 25.08.2015 passed by the Special Judge (SC/ST) Act, Anuppur, District Anuppur in Sessions Trial No.13/2012.

On merits, it is contended by the learned counsel for the appellant that the entire case of the prosecution is based on circumstantial evidence. There is no adequate material to implicate the accused. However, the same is disputed by the learned Public Prosecutor.

On hearing learned counsels, we are of the view that the accused should be entitled

for bail on the ground that the entire case of the prosecution is based on circumstantial evidence. The motive as suggested by the prosecution does not appear to be very strong enabling the commission of offence. Even otherwise, he has been in custody for a period of almost 12 years. The said period is not disputed by the State.

Under these circumstances, we are of the view that the case of the appellant is required to be considered for bail with regard to the period of detention.

The Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) has come to the view Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 8/18/2023 1:31:13 PM

that the period of custody is one of the grounds to be taken into consideration while considering the application for bail, however, there are certain exceptions to the same. We do not find that any of the exceptions is applicable to the appellant. Since he has already undergone a period of almost 12 years in jail, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.18944 of 2022) filed by accused/appellant is allowed.

Accused/appellant - Tularam is directed to be enlarged on bail subject to deposit of the fine amount and on he furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court

on 21.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

I.A.No.18944 of 2022 stands disposed off.

                          (RAVI MALIMATH)                                              (VISHAL MISHRA)
                            CHIEF JUSTICE                                                   JUDGE

                   AM




Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 8/18/2023
1:31:13 PM