Supreme Court Grants Bail to Convict in Madhya Pradesh Under Stringent Terms and Conditions

Keywords: Supreme Court, bail, Madhya Pradesh, sections 420, 467, 468, 471, 120B, 201 IPC, suspension of sentence

In a recent ruling, the Supreme Court of India directed a trial court in Madhya Pradesh to grant bail to a 70-year-old petitioner convicted under several sections of the Indian Penal Code (IPC), imposing terms and conditions deemed fit by the trial court.

Brief Facts of the Case

The petitioner, convicted by the First Additional Sessions Judge, Mandsaur, Madhya Pradesh, under sections 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), 120B (criminal conspiracy), and 201 (causing disappearance of evidence) of the IPC, was sentenced to four years of imprisonment and fined ₹5,000. Following multiple rejections of his bail applications by the Madhya Pradesh High Court, the petitioner approached the Supreme Court via a Special Leave Petition seeking suspension of his sentence and release on bail.

Contentions of the Petitioner

The petitioner argued that at 70 years old, with 90% impaired vision and having already served two years of his sentence, he deserved consideration for bail. His previous applications for suspension of sentence and bail had been denied by the Madhya Pradesh High Court, prompting the appeal to the Supreme Court.

Observations of the Supreme Court

The Supreme Court highlighted the established legal principle that appellate courts should consider pleas for suspension of sentences, especially when the sentence is for a fixed term, barring exceptional circumstances. The Court expressed dissatisfaction with the High Court’s mechanical denial of the petitioner’s bail applications, noting that the High Court failed to identify any exceptional circumstances that would justify such a refusal.

The Supreme Court criticized the High Courts’ habitual issuance of stereotyped orders without proper judicial consideration, which consequently escalates litigation before the Supreme Court. It stressed the need for High Courts to adhere to the correct legal principles regarding the suspension of sentences for fixed-term imprisonments to reduce unnecessary appeals to the Supreme Court.

Decision of the Supreme Court

In light of these observations, the Supreme Court ordered the release of the petitioner on bail, subject to terms and conditions determined by the trial court. This decision underscores the Supreme Court’s commitment to ensuring that lower courts apply the law judiciously and avoid contributing to unnecessary litigation.

Case Details

• Case Title: Bherulal v. The State of Madhya Pradesh
• Coram: Hon’ble Mr. Justice J.B. Pardiwala & Hon’ble Mr. Justice Ujjal Bhuyan
• Case No.: SLPR 8388/2024

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