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CDJ 2025 SC 1880 print Preview print print
Court : Supreme Court of India
Case No : Criminal Appeal No. of 2025 (Arising out of SLP(Crl.) No. 17169 of 2025)
Judges: THE HONOURABLE CHIEF JUSTICE MR. SURYA KANT & THE HONOURABLE MR. JUSTICE JOYMALYA BAGCHI
Parties : Om Prakash @ Mohit Singh Versus State of Madhya Pradesh
Appearing Advocates : For the Petitioner: ---- For the Respondent: -----
Date of Judgment : 26-11-2025
Head Note :-
Indian Penal Code, 1860 - Sections 489A to 489D -
Judgment :-

1. Leave granted.

2. Heard learned counsel for the parties.

3. The appellant is aggrieved by an order dated 14.02.2025 passed by the High Court of Madhya Pradesh at Jabalpur, declining suspension of his sentence and consequential release on bail.

4. The appellant has been convicted for the offences under Sections 489A to 489D of the Indian Penal Code, 1860, for printing fake currency. He was awarded 10-year sentence vide the judgment dated 08.09.2021. It may be mentioned that the appellant was arrested upon registration of the FIR on 01.03.2017.

5. Aggrieved by his conviction and consequential sentence, the appellant has filed a criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 bearing Cr.A No. 6056/2021, which is pending before the High Court.

6. Pending the appeal, the appellant moved successive applications for suspension of sentence. Six such applications having been rejected by the High Court from time to time, he has approached this Court through legal aid.

7. Though learned counsel for the appellant in all fairness informs that the appellant has meanwhile moved a seventh bail application before the High Court, which is pending consideration, we do not deem it necessary to relegate him to pursue that application before the High Court.

8. Having regard to the fact that: (i) the appellant has already undergone 4 years and 6 months out of total sentence of 10 years; (ii) the criminal appeal of 2021 will take some reasonable time in final adjudication by the High Court; (iii) the appellant does not have criminal antecedents; and (iv) the appellant belongs to a marginalised community, who is largely depending upon the free aid to pursue his legal remedies, however, without expressing any opinion on merits, we allow this appeal; set aside the impugned order of the High Court dated 14.02.2025 and while allowing the application for suspension of sentence, moved by the appellant, he is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the Trial Court.

9. As a consequence thereof, the seventh bail application, said to have been filed by the appellant before the High Court, shall stand disposed of as infructuous.
 
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