Jitendra Richariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 14403 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 1521 of 2014
                                          (JITENDRA RICHARIYA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-09-2023
                                 Shri Sauman Mukherjee - Advocate for appellant.

                                 Shri Anubhav Jain- Public Prosecutor for respondent/State.

Heard on I.A. No.18136 of 2023.

This is the fourth application seeking for suspension of sentence and bail filed on behalf of appellant who has been convicted under Section 302 of IPC

and sentenced to R.I for Life and fine of Rs.5000/- with default stipulation vide judgment dated 30.04.2014 passed by the Sessions Judge, Bhopal in Sessions Trial No.205 of 2014.

The only contention being urged by the appellant/accused is that he has been in custody since 30.04.2014. He has undergone actual custody of 9 years, 9 months and 5 days as on 01.09.2023 and a period of 13 years, 4 months 17 days with remission. Hence, he pleads for suspension of sentence and grant of bail.

The same is disputed by the learned Public Prosecutor.

However, on considering the contentions, we are of the view that the case of the appellant/accused is required to be considered on the ground of period of detention. The Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) has come to the view that the period of custody is one of the grounds to be taken into consideration while considering the application for bail. However, there are certain exceptions to the same. We do not find that the case of appellant/accused false within any of the exceptions as carved out by the Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 9/2/2023 5:45:30 PM

Hon'ble Supreme Court. Hence, purely on the ground of he having been in custody for a period of almost 10 years in jail, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.18136 of 2023) filed by accused/appellant is allowed.

Accused/appellant-Jitendra Richhariya is directed to be enlarged on bail subject to deposit of the fine amount and 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 28.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                  CHIEF JUSTICE                                           JUDGE

                         Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 9/2/2023
5:45:30 PM