Anand Prasad Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 20754 MP

Madhya Pradesh High Court

Anand Prasad Kushwaha vs The State Of Madhya Pradesh on 7 December, 2023

Author: Chief Justice

Bench: Chief Justice

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 2713 of 2015
                                   (ANAND PRASAD KUSHWAHA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 07-12-2023
                                  Shri Vivek Shukla - Advocate for appellant.

                                  Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.17635 of 2023.

This is an application seeking for suspension of sentence and grant of bail filed on behalf of accused No.2/appellant No.2 - Ram Prasad Kushwaha,

who has been convicted under Sections 302, 324, 325 and 323 of the Indian Penal Code and sentenced to R.I. for life, 01 year, 02 years and 06 months and to pay fine of Rs.2000/-, Rs.1000/-, Rs.1000/- and Rs.500/- respectively with default stipulations as mentioned in the impugned judgment.

It is submitted that the appellant has undergone the sentence for a period of more than 11 years. The period of custody is not disputed by the learned Public Prosecutor.

On hearing the learned counsels, we are of the view that by applying the judgment of the Hon'ble Supreme Court dated 05.10.2021 passed in SLP

(Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others), it is a fit case to enlarge the appellant on bail. Hence, keeping in mind the period of custody already undergone by the accused, he is entitled to be released on bail.

Appellant No.2 - Ram Prasad Kushwaha is directed to be enlarged on bail, subject to he depositing the fine amount and on 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 12.03.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

IA No.17635 of 2023 is disposed off.

                                (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                  CHIEF JUSTICE                                         JUDGE

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