Ramsingh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16810 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 3140 of 2013
                     (RAMSINGH Vs THE STATE OF MADHYA PRADESH)

Dated : 10-10-2023
      Shri Vijay Nayak - Advocate for appellant.

      Shri A.S. Baghel - Public Prosecutor for respondent/State.

Heard on IA No.23394 of 2023.

2. This is the repeat application seeking for suspension of sentence and bail filed on behalf of appellant/accused Ramsingh, who has been convicted under

Section 302 of the IPC and sentenced to R.I. for Life and fine of Rs.500/-, with

default stipulation vide judgment dated 07.09.2013 passed by the 1st Additional Sessions Judge, Sagar in Sessions Trial No.210 of 2013.

3. The only contention urged by the accused is that he has been in custody for a period of around 10 years. Though the period of custody is not disputed by the learned Public Prosecutor, he submits that the accused is not entitled for bail so far as merits are concerned.

4. On considering the same and 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), the accused is entitled to be released on bail. The manner in which the offence has been committed does not fall within the exceptions as carved out by the Hon'ble Supreme Court. The accused has been in custody for a period of 10 years. Hence, on this ground alone, the accused is entitled to be enlarged on bail.

5. Consequently, I.A.No.23394 of 2023 is allowed.

6. Subject to deposit of the fine amount, the remaining jail sentence of the appellant shall remain suspended and appellant/accused Ramsingh is directed to

be enlarged on bail 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 04.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                    (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                      CHIEF JUSTICE                                       JUDGE

                            vibha

Digitally signed by VIBHA
PACHORI
Date: 2023.10.11 12:21:40
+05'30'