IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.579 of 2024
ATUL @ ASHUTOSH
Vs
STATE OF MADHYA PRADESH
Dated: February 02, 2024
Heard learned counsel for the parties.
Leave granted.
Out of fixed term sentence of five years, the appellant accused has already undergone half of the sentence. The appeal against conviction of the year 2022 is not likely to reach before he completes the entire sentence. Hence, a case is made out for grant of suspension of sentence pending the appeal and grant of bail. For that purpose, the appellant shall be produced before the Trial Court within a period of one week from today.
The Trial Court shall enlarge the appellant on bail on appropriate terms and conditions till the final disposal of the appeal before the High Court.
Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted. We find that in several deserving cases, bail is being denied. Such cases should never be required to be brought before this Court.
The appeal is allowed in the afore-stated terms.
Pending application(s) shall stand disposed of.
[ABHAY S.OKA]
[UJJAL BHUYAN]
New Delhi
February 02, 2024
