Ram Naresh Mishra vs The State Of Madhya Pradesh
2023 Latest Caselaw 14404 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 3150 of 2017
                                          (RAM NARESH MISHRA Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-09-2023
                               Shri Amit Dubey - Advocate for appellant.

                               Shri Anubhav Jain- Public Prosecutor for respondent/State.

Heard on I.A. No.4914 of 2023.

This is the fourth application seeking for suspension of sentence and bail filed on behalf of appellant who has been convicted under Sections 302 and 323

of the IPC and sentenced to R.I. for Life and fine of Rs.1000/- and R.I for one year and fine of Rs.1000/- with default stipulations vide judgment dated 05.07.2017 passed by the Fourth Additional Sessions Judge, Rewa in Sessions Trial No.139 of 2006.

Learned counsel for the appellant contends that the accused-appellant has been in custody for last 10 years. Hence, he pleads for suspension of sentence and grant of bail.

The same is disputed by the learned Public Prosecutor. However, on considering the same, we are of the view that the accused is

entitled for bail 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. The manner in which the offence has been committed does not fall within any of the exceptions as carved out by the Hon'ble Supreme Court. Hence, purely on the ground of he having been in custody for a period of almost 10 Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 9/2/2023 5:45:30 PM

years in jail, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.4914 of 2023) filed by accused/appellant is allowed.

Accused/appellant - Ram Naresh Mishra 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