(1.) Leave granted. This appeal has been preferred against the order dated 3rd May, 2017 of the High Court of Madhya Pradesh in CRA No.1823 of 2009 whereby prayer for bail, pending disposal of criminal appeal against life sentence has been declined though the appellant has been in custody for more than ten years.
(2.) The appellant stands convicted under Sections 148, 302/149 Penal Code and sentenced to life imprisonment, apart from other sentences. According to the prosecution, on 23rd June, 2005 at 11.30 A.M., the appellant along with the co-accused caused the murder of one Shahid. In view of evidence in support of the charge, the trial Court convicted and sentenced the appellant. The appellant applied for bail pending consideration of appeal before the High Court. After the said prayer was rejected, another application was filed. The High Court rejected the second bail application with the observation that the evidence on record did not warrant grant of bail.
(3.) In this appeal, the order of the High Court is challenged mainly on the ground that the appellant had been in custody for more than ten years and the remedy of appeal will be meaningless if he has to remain in custody for the full term of sentence. Reliance has been placed on the judgment of this Court in Kashmira Singh Vs. State of Punjab, (1977) 4 SCC 291.
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