DIPANKAR DATTA, MANMOHAN
SURENDRA SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent
ORDER :
1. Leave granted.
2. The appellant in CRA No.1500/2014, on the file of the High Court of Madhya Pradesh, Bench at Indore1.[High Court], is also the appellant before us. He is aggrieved because his criminal appeal is not being listed for consideration, despite the fact that he has suffered incarceration for more than 10 years. Such incarceration is owing to conviction recorded, inter alia, under Section 302 of the Indian Penal Code, 1860 against the appellant for which he is serving a term of life in prison.
3. By the notice issuing order dated 29th November, 2024, this Court had observed that pendency of the special leave petition would not stand in the way of the roster bench of the High Court to hear the criminal appeal, on priority, having regard to the long incarceration of the appellant.
4. Office report dated 20th January, 2025 reveals that the said order dated 29th November, 2024 has duly been communicated to the Registrar General of the High Court for compliance.
5. Mr. Shikhil Shiv Suri, learned senior counsel appearing for the appellant, complains that despite such order, the appeal was not listed with the result that the appellant is languishing in the correctional ho
The court emphasized the statutory right to appeal and the necessity for timely hearings to prevent justice from becoming illusory, granting bail due to prolonged incarceration.
The court granted bail pending appeal, emphasizing the right to appeal and the potential injustice of prolonged incarceration if the conviction is later overturned.
Bail – To deny bail to a person for fault of Counsel who does not argue, accused having nothing to gain, would be a parity of justice.
The High Court's denial of suspension of sentence was unjustified given the appellant's lengthy imprisonment and the need for timely appeal consideration.
Points Of Law : Appellant has already undergone more than 11 years in jail so far and the fact that his conduct in jail has been satisfactory.
Constitutional courts should refrain from imposing time-bound schedules on trial courts for case disposal, except in exceptional circumstances.
The right to bail and the need for expedited consideration of bail applications for individuals incarcerated for prolonged periods.
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