Madhya Pradesh High Court Grants Bail to Life Convict After Long Incarceration
Conditional Bail Includes Community Service and Regular Monitoring Through Mobile App
In a significant ruling, the Madhya Pradesh High Court, Gwalior Bench, has granted bail to Mahesh Sharma, a life convict who has served over ten years of imprisonment. The decision was made under Section 389(1) of the Criminal Procedure Code, 1973, considering the principles laid down by the Supreme Court in similar cases, where long incarceration during pending appeals was deemed a valid ground for suspending sentences.
Mahesh Sharma, along with his co-accused, was convicted under multiple sections including 302/149 IPC, 148 IPC, 120(b) IPC, and the Arms Act. The trial court had sentenced him to life imprisonment, among other penalties. The High Court's decision comes after Sharma's second repeat application for suspension of sentence, emphasizing the parity with co-accused who were previously granted bail after serving significant periods of incarceration.
Counsel for Sharma argued that keeping him in jail without a timely hearing of his appeal would be a travesty of justice, as highlighted in Supreme Court judgments such as Kashmira Singh v. State of Punjab and Sonadhar v. State of Chhattisgarh. These cases stress the importance of recording cogent reasons for granting bail when appeals are pending for extended periods.
In granting bail, the court imposed several conditions, including furnishing a bail bond of Rs. 50,000 with solvent sureties and engaging in community service. Sharma is required to plant ten saplings, with ongoing care and maintenance monitored through the NISARG mobile application. This digital oversight ensures compliance via satellite and geo-tagging, with regular reporting through photographs.
Furthermore, Sharma must refrain from harassing the complainant side and maintain distance from their vicinity. He is also mandated to mark his presence at the local police station on alternate months for the next two years, ensuring strict adherence to these conditions to continue benefiting from the bail.
The court's decision reflects a balance between upholding justice while considering the humane aspects of prolonged imprisonment without a conclusive appeal hearing. It underscores the judiciary's role in integrating social responsibility with legal mandates, encouraging restorative justice through community engagement.
Bottom Line:
Bail application under Section 389(1) CrPC - Suspension of sentence for life convict who has undergone substantial period of incarceration during pendency of appeal - Consideration of parity with co-accused and voluntary undertaking for community service.
Statutory provision(s): Section 389(1) of Criminal Procedure Code, 1973, Sections 302/149, 148, 120(b) of Indian Penal Code, Sections 25(1-b), 27(1) of Arms Act
Subhas Sharma v. State of M.P., (Madhya Pradesh)(DB)(Gwalior Bench) : Law Finder Doc Id # 2781878
