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SUPREME COURT OF INDIA
TAKHT SINGH
Vs.
State of Madhya Pradesh
Decided on December 15,1999
Bail - Indian Penal Code - S. 302/149 - Conviction under S. 302/149, Indian Penal Code - Application for suspension of sentence and bail rejected by High court - Appeal for bail after three years and three months in jail - Leave granted
Fact of the Case:
The appellants were convicted under S. 302/149, Indian Penal Code and sentenced to imprisonment for life. Their appeal to the High court is pending. The High court rejected their application for suspension of sentence and bail, indicating that they can renew their prayer for bail after one year. After the expiry of one year, the second application was filed but was rejected by the impugned order. The appellants have been in jail for over 3 years and 3 months with no possibility of early hearing of the appeal in the High court.
Finding of the Court:
The court granted leave for the appellants to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore.
Issues: Conviction under S. 302/149, Indian Penal Code, rejection of application for suspension of sentence and bail by High court, and the appellants' prolonged imprisonment without early hearing of the appeal
Ratio Decidendi: The court considered the circumstances of the appellants' prolonged imprisonment and the unlikelihood of an early hearing of the appeal in the High court in granting leave for their release on bail.
Final Decision: Leave granted for the appellants to be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore
( 1 ) LEAVE granted.
( 2 ) THE appellants have been convicted under S. 302/149, Indian Penal Code by the learned Sessions Judge and have been sentenced to imprisonment for life. Against the said conviction and sentence their appeal to the High court is pending. Before the High court application for suspension of sentence and bail was filed but the High court rejected that prayer indicating therein that the applicants can renew their prayer for bail after one year. After the expiry of one year the second application was filed but the same has been rejected by the impugned order. It is submitted that the appellants are already in jail for over 3 years and 3 months. There is no possibility of early hearing of the appeal in the High court. In the aforesaid circumstances the applicants be released on bail to the satisfaction of the learned Chief Judicial Magistrate, sehore. The appeal is disposed of accordingly.
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