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(2023) Law Today Live Doc. Id. 17430
Decided on: 03.01.2023
Alongwith
IA No. 172256/2022
For Petitioner(s):
Mr. Mansoor Ali, AOR Mr. Bilal Mansoor, Adv. Mrs. Rubina Jawed, Adv.
For Respondent(s):
Mr. Pashupathi Nath Razdan, AOR Mrs. Maitreyee Jagat Joshi, Adv. Mr. Rishi Anand, Adv. Mr. Astik Gupta, Adv. Ms. Ayushi Mittal, Adv. Mr. Vipul Abhishek, Adv.
Constitution of India, Article 136 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 -- Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B -- Murder -- Life imprisonment – Suspension of sentence -- Appeal against the conviction is pending before the High Court since 2018 -- High Court, however, declined to grant suspension of sentence pending the disposal of the appeal – Petitioner has undergone over twelve years and six months of actual imprisonment – Since the appeal before the High Court is likely to take time for disposal, Supreme Court directed that the petitioner be released on bail, pending the disposal of the appeal.
(Para 1-4)
ORDER
1. On 8 May 2018, the petitioner was convicted of offences punishable under Section 302 read with Section 120B of the Indian Penal Code 1860 and sentenced to suffer imprisonment for life.
2. An appeal against the conviction is pending before the High Court since 2018. The High Court, however, declined to grant suspension of sentence pending the disposal of the appeal by its orders dated 21 June 2019 and 28 April 2022.
3. The petitioner has undergone over twelve years and six months of actual imprisonment.
4. Since the appeal before the High Court is likely to take time for disposal, we order and direct that the petitioner be released on bail, pending the disposal of the appeal, subject to such terms and conditions as may be imposed by the Special Judge (SC/ST) Dewas, Madhya Pradesh in connection with Sessions Trial No 247 of 2010.
5. The Special Leave Petition is accordingly disposed of.
6. Pending application, if any, stands disposed of.
Petition allowed.
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