Mohd. Gayur vs The State Of Madhya Pradesh
2023 Latest Caselaw 11751 MP

                                                                  1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                          CRA No. 2047 of 2018
                                                  (MOHD. GAYUR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 26-07-2023
                                  Shri Mitesh Patidar, learned counsel for the appellant.

                                  Shri Tarun Pagare, learned Govt. Advocate for respondent/State.

Heard on IA No.10210 of 2023 which is fifth application for suspension of sentence of appellant Mohd. Gayur Musalman.

2. The appellant has been convicted under Sections 302 of the Indian Penal Code and sentenced to Life Imprisonment with fine of Rs.5000/- with

default stipulation.

3. Counsel for the appellant submits that the appellant has already undergone actual jail sentence of 10 years. The appeal is fo the year 2018 and the final hearing of the appeal is likely to take time.

4. The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 7 3 1 (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.

5. 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.

6. Since the appellant has already undergone the custody of 10 years, we Signature Not Verified Signed by: SOUMYA RANJAN DALAI Signing time: 26-07-2023 17:34:36

are of the view that the appellant is entitled to be enlarged on bail on that ground itself.

7. Consequently, I.A. No.10210 of 2022 is allowed. The remaining jail sentence of the appellant is suspended.

8. Appellant Mohd. Gayur Musalman is enlarged on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Ratlam on 16.10.2023 and thereafter, on such other subsequent dates as may be fixed in that behalf.

CC as per rules.

                              (VIJAY KUMAR SHUKLA)                                          (ANIL VERMA)
                                      JUDGE                                                    JUDGE

                           soumya




Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 26-07-2023
17:34:36