Madhya Pradesh High Court
Neeraj Shrivastava @ Lucky Lala vs The State Of Madhya Pradesh on 3 January, 2022
Author: Chief Justice
Bench: Chief Justice
1 CRA-387-2017
The High Court Of Madhya Pradesh
CRA No. 387 of 2017
(NEERAJ SHRIVASTAVA @ LUCKY LALA AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 03-01-2022
Shri Abhinav Shrivastava appears on behalf of Shri Sharad Verma,
Advocate for the appellants.
Shri Dilip Parihar, Panel Lawyer for the respondent/State.
Shri Manish Tiwari, Advocate for the objector.
Appellants - Neeraj Shrivastava @ Lucky Lala (Accused No.3) and Sikandar @ Bhura Thakur (Accused No.6) have been convicted under Section 302 read with Section 149 of Indian Penal Code and under Section 25 (1-B) (b) of Arms Act and sentenced to imprisonment for life with fine of Rs.5,000/- and rigorous imprisonment for one year with fine of Rs.500/-, respectively vide impugned judgment dated 11.11.2016 passed by Fifth Additional Sessions Judge, Jabalpur in Sessions Trial No.123 of 2014.
Learned counsel for the appellants submitted that the appellants are in custody since 9.10.2013. Even if the period of sentence is to be considered as sentence for life, then the normal custody without remission would be a period of about 14 years. Accused/Appellants - Atul Namdeo, Ranjeet Yadav and Mahesh Chadhar have been released on bail solely on the ground that they have been in custody without remission for a period of about 8 years. The appellants herein are the accused who are similarly situated.
The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India and others) and affirmed in Civil Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the accused has undergone the custody of half of the sentence then the application requires to be considered on that ground. In the instant case, both the appellants have been convicted for life and they have already undergone custody for about 8 years without remission. Hence, we deem it just and necessary that he be enlarged on bail on that ground alone.
2 CRA-387-2017 Consequently, the prayer made on behalf of the appellants is allowed. The judgement of sentence awarded by the trial Court dated 11.11.2016 is suspended.
Appellants - Neeraj Shrivastava @ Lucky Lala (Accused No.3) and Sikandar @ Bhura Thakur (Accused No.6) are enlarged on bail on their furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) each with one solvent surety of the same amount each to the satisfaction of the trial Court, for their appearance before the Chief Judicial Magistrate, Jabalpur on 06.07.2022 and thereafter, on such other subsequent dates as may be fixed in that behalf.
T he Jail Authority is also directed to ensure that the appellants are examined by the Jail Doctor for Covid-19 before their release. In case, the Jail Doctor is of the opinion that the appellants can be released, all precautionary protocol prescribed from time to time by the Supreme Court, the Central Government as well as the State Government during release, travel and residence of the appellants during the period of bail be also strictly adhered to.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
Anchal
Digitally signed by
ANCHAL KHARE
Date: 2022.01.04
17:15:36 +05'30'