Madhya Pradesh High Court
Saiyad Sasheb Ali vs The State Of Madhya Pradesh on 17 November, 2021
Author: Chief Justice
Bench: Chief Justice
1 CRA-782-2013
The High Court Of Madhya Pradesh
CRA No. 782 of 2013
(SAIYAD SASHEB ALI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
36
Jabalpur, Dated : 17-11-2021
Mr. Naresh Sharma, Advocate for the appellant.
Mr. Brahmdatt Singh, Government Advocate for the respondent/State.
Heard on I.A. No. 563 of 2018 and I.A. No. 22459 of 2015, seeking bail and suspension of sentence on behalf of appellant No.2- Saiyad Karamat Ali.
The conviction and sentence of the appellant by the order dated 19.01.2003 is as under :
Imprisonment in Section Act Imprisonment Fine lieu of fine Imprisonment 302 &120-B I.P.C. Rs.5000/- -
for life 201 I.P.C. R.I. for 3 years Rs.1000/- -
Presently, this application being I.A. No. 563 of 2018 has been filed seeking bail. The earlier application I.A. No. 22459 of 2015 is still pending. The appellant was arrested on 18.07.2010. Ever since then he is in custody. Therefore he has been in custody for almost 11 years.
The period of sentence awarded is life imprisonment under Section 302 of I.P.C. Life with remission would roughly be a period of 14 years and he has already undergone a period of 11 years.
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 when accused has already undergone 50% of the sentence then his case must be considered for bail subject to the other exceptions as noted.
We do not find any exceptional circumstances in this case. Since he 2 CRA-782-2013 has already undergone a sentence of period of 11 years, we deem it just and necessary that he be enlarged on bail on that ground itself.
Consequently, without expressing any view on the merit of the case, the application is allowed.
Appellant No.2- Saiyad Karamat Ali is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Khandwa (M.P.) on 07.03.2022 and thereafter, on such other subsequent dates as may be fixed in that behalf.
The Jail Authority is also directed to ensure that the appellant is examined by the Jail Doctor for Covid-19 before his release. In case, the Jail Doctor is of the opinion that the appellant 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 appellant during the period of bail be also strictly adhered to.
Consequently, I.A. No. 563 of 2018 and I.A. No. 22459 of 2015 stands disposed off.
(RAVI MALIMATH) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
DevS
Signature Not Verified
SAN
Digitally signed by DEVESH K
SHRIVASTAVA
Date: 2021.11.18 17:48:39 IST