(Ranjan Gogoi and R. Banumathi, JJ.)
Madan Singh _______________________________________ Appellant;
v.
State of Madhya Pradesh ___________________________ Respondent.
Criminal Appeal No(S). 728 of 2018 [Arising out of Special Leave Petition (Criminal) No. 1319 of 2018], decided on May 14, 2018
The Order of the court was delivered by
Order
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. Aggrieved by the refusal of the High court to suspend the sentence against the accused appellant this appeal has been filed.
4. The accused who has been convicted under Section 302/34 IPC and sentenced to undergo rigorous imprisonment for life has undergone actual custody for a period of over seven years. The hearing of the appeal pending before the High Court is likely to take some time unless specifically expedited. We are not inclined to pass any such order.
5. Taking into account the period of custody suffered and the time within which the appeal is likely to be disposed of we are of the view that the accused appellant should be released on bail. We order accordingly. Consequently, the appellant is ordered to be released on bail to the satisfaction of the learned Additional Sessions Judge, Susner, District – Shajapur, M.P. in connection with Sessions Trial No. 200/2010.
6. The learned Additional Sessions Judge, Susner, District – Shajapur, M.P. is free to impose appropriate condition(s) as he deems fit.
7. Consequently, the order of the High Court is set aside and the present appeal is disposed of in the above terms.
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 1319/2018
Madan Singh _____________________________________ Appellant
v.
State of Madhya Pradesh ___________________________ Respondent
Date: 14-05-2018 This petition was called on for hearing today.
(Before Ranjan Gogoi and R. Banumathi, JJ.)
For Petitioner(s) Mr. Dushyant Parashar, AOR
For Respondent(s) Ms. Prachi Mishra, Adv.
Ms. Swarupama Chaturvedi, AOR Mr. Chaitanya, Adv.
Ms. Pragya Garg, Adv.
Mr. B.N. Dubey, Adv.
UPON hearing the counsel the Court made the following
ORDER
8. Leave granted.
9. The appeal is disposed of in terms of the signed order.
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