The Supreme Court ordered the trial court in Madhya Pradesh to grant bail to the petitioner who was convicted under sections 420, 467, 468, 471, 120B and 201 of IPC after imposing terms and conditions which may deem fit.
Brief Facts:
The petitioner was held guilty under sections 420, 467, 468, 471, 120B and 201 of IPC by the court of First Additional Sessions Judge, Mandsaur, State of Madhya Pradesh. He was sentenced 4 years imprisonment with a fine of Rs 5000. The petitioner approached Supreme Court via Special Leave Petition for suspension of sentence from its operation and release on bail.
Contentions of the Petitioner:
The petitioner contended that he is 70 years of age and is ailing. His almost 90% vision is impaired and had already undergone two years of sentence. Therefore, petitioner filed an application before Madhya Pradesh High Court for suspension of sentence and grant of bail. But all his applications were rejected.
Observation of Supreme Court:
The Supreme Court emphasized on the law that if the sentence imposed by the trial court is for a fixed term, then ordinarily the appellate court should consider the plea for suspension of sentence liberally, unless there are any exceptional circumstances emerging from the record of the case to decline such relief. And expressed discontent with the order of declining the application by the High Court said that no exceptional circumstances were observed by the High Court.
The Supreme Court stated, “we take notice of the fact that stereo type orders are passed by the High Courts without any application of mind”. The apex court further reprimanded high courts for their casual approach which then leads to increasing litigation before it. The litigation before Supreme Court can be easily avoided by applying correct principles of law of suspension of sentence of fixed terms of imprisonment by the High Courts.
Decision of the Supreme Court
Taking into account above observations, Supreme Court ordered to release the petitioner on bail subject to terms and conditions that the trial court may deem fit to impose.
Case Title: Bherulal v. The State of Madhya Pradesh
Coram: Hon’ble Mr. Justice J.B. Paridwala & Hon’ble Mr. Justice Ujjal Bhuyan
Case No.: SLPR 8388/2024
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