MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.3479 of 2023. This is the fourth application seeking for suspension of sentence and bail filed on behalf of accused No.1/appellant No.1 Mukesh, who has been convicted under Ss. 302, 324/34, 325/34 and 326/34 of the IPC and sentenced to Life Imprisonment with fine of Rs.1,000.00, R.I. for 1 year with fine of Rs.500.00, R.I. for 2 years with fine of Rs.500.00 and R.I. for 3 years with fine of Rs.500.00 respectively with default stipulations.

(2.) The earlier applications of this applicant were rejected on merits. Therefore, so far as merits are concerned, we do not find any changed circumstance that warrants interference for grant of bail. However, learned counsel for the appellants contends that the applicant has been in custody since about 11 years and 8 months as on date. The period of detention is not disputed by the State. However, the State submits that the manner in which the offence has been committed, does not entitle him for grant of bail. The Hon'ble Supreme Court vide order dtd. 5/10/2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) 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. We do not find any of the exceptions is applicable to the applicant. Since he has already undergone a period of more than 11 years, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.3479 of 2023) filed by accused/appellant No.1 Mukesh is allowed.

(3.) Accused/appellant No.1 - Mukesh is enlarged on bail subject to deposit of the fine amount and on his furnishing a personal bond in the sum of Rs.50,000.00 (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 16/10/2023 and thereafter on such other subsequent dates as may be fixed in that behalf.