Harish vs The State Of Madhya Pradesh
2023 Latest Caselaw 17033 MP

                                                              1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1501 of 2016
                                           (HARISH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                 Shri P.K. Mishra - Advocate for appellant.

                                 Shri A.N. Gupta - Public Prosecutor for respondent/State.

Heard on IA No.4210 of 2023.

2. This is the third application seeking for suspension of sentence and bail filed on behalf of appellant/accused No.1 - Harish Peshwani, who has been

convicted under Sections 302/149 and 148 of the IPC and sentenced to R.I. for Life and R.I. for two years and fine of Rs.25,000/- and Rs.1,000/- respectively, with default stipulations vide judgment dated 06.05.2016 passed by the X Additional Sessions Judge, Jabalpur in Sessions Trial No.519 of 2011.

3. The first application was dismissed as not pressed vide order dated 10.11.2017 and the second application was dismissed on merits vide order dated 18.08.2021.

4. The only contention urged by the accused is that he has been in custody for a period of around 11 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.

5. 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 about 11 years. Hence, on this Signature Not Verified Signed by: LORETTA RAJ Signing time: 10/13/2023 3:38:55 PM

ground alone, the accused is entitled to be enlarged on bail.

6. Consequently, I.A.No.4210 of 2023 is allowed.

7. Subject to deposit of the fine amount, the remaining jail sentence of the appellant shall remain suspended and appellant/accused No.1 - Harish Peshwani 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 19.12.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                     (RAVI MALIMATH)                                   (VISHAL MISHRA)
                                       CHIEF JUSTICE                                        JUDGE

                           Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 10/13/2023
3:38:55 PM