Madhya Pradesh High Court
Feran Singh Yadav vs The State Of Madhya Pradesh on 8 September, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3572 of 2014
(FERAN SINGH YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 08-09-2023
Shri Mukesh Pandey - Advocate for the appellant.
Shri Yogesh Dhande - Public Prosecutor for the respondent/State.
IA No. 15812 of 2023 is dismissed as being infructuous.
Heard on I.A. No. 3478 of 2023.
This is the third application seeking for suspension of sentence and bail
filed on behalf of appellant No.1 - Feran Singh Yadav, who has been convicted
under Sections 302/149, 148, 323/149 (three counts) of the IPC and sentenced
to R.I. for Life and fine of Rs. 10,000/-, R.I. for 1 year and R.I. for 1 year
(three counts) respectively with default stipulations.
The earlier application of this applicant was dismissed on merits vide
order dated 08.08.2017. We do not find any changed circumstance that
warrants interference.
However, the learned counsel for the applicant submits that the accused
has undergone a custody of about 11 years and 3 months. The said period is
not disputed by the State. However, the learned Public Prosecutor submits that
he is the main accused who has committed the offence. That the remaining
seven accused have already been released on bail. Hence, it may not be
appropriate to grant him bail.
On hearing learned counsels, we are of the view that so far as the period
of custody is concerned, he is entitled to be released on bail.
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)
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 08-09-2023
21:04:07
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. In the instant case, the overt act against
the accused herein is that he assaulted the deceased by Luhangi and it is their
case that the death was caused due to this assault. It is also not in dispute that
there was a counter case filed by the complainants also. Therefore, it was a free
fight that took place between the complainants as well as the accused.
Therefore, we find that the case of the accused does not fall within the
exceptions as carved out by the Hon'ble Supreme Court in the aforesaid
judgment. Hence, keeping in mind the custody undergone by the accused, IA
No.3478 of 2023 is allowed.
Accused/appellant No.1 - Feran Singh Yadav 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 04.12.2023 and thereafter on such
other subsequent dates as may be fixed in that behalf.
(RAVI MALIMATH) (AVANINDRA KUMAR SINGH)
CHIEF JUSTICE JUDGE
vkv /-
Signature Not Verified
Signed by: VINAY KUMAR
VERMA
Signing time: 08-09-2023
21:04:07
