Raju And Anr. vs The State Of Madhya Pradesh
2023 Latest Caselaw 1250 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 1068 of 2012 (RAJU AND ANR. AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-01-2023 Shri Sameer Saxena, learned counsel for the appellants.

Shri Gaurav Singh Chouhan, learned Govt. Advocate for the State. Learned counsel for the appellant states that co-appellant Kalu @ Lalit S/o Shyamlal has died during pendency of the appeal.

In view of the aforesaid so far appeal regarding Kalu @ Lalit is concerned, the same is abated.

Heard on IA No.721/2023, which is second application filed under Section 389 of Cr.P.C., for suspension of sentence and grant of bail moved on behalf of the appellant Raju Gandhi S/o Sunderlal Gandhi.

The appellant is convicted for the offence punishable under Section 302/34 of the IPC and sentenced to undergo life imprisonment and fine of 5,000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant has already undergone actual jail sentence of 14 years and the final hearing of the appeal may take time.

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 has held that if the convict has undergone a sentence of more than fifty percent of what has been awarded to him, the same shall constitute a ground to the Court to consider while enlarging him on bail. Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 20-01-2023 18:12:09

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 the appellant has already undergone jail sentence of 14 years, we are of the view that he requires to be enlarged on bail on that ground itself.

Consequently, IA No.721/2023 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant - Raju Gandhi S/o Sunderlal Gandhi be enlarged on bail on his furnishing 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 Registry of this Court on 10.07.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf by the Registry.

C.c as per rules.

                                (VIJAY KUMAR SHUKLA)                                    (PRANAY VERMA)
                                        JUDGE                                               JUDGE

                           ns




Signature Not Verified
Signed by: NEERAJ
SARVATE
Signing time: 20-01-2023
18:12:09