Govind vs The State Of Madhya Pradesh
2021 Latest Caselaw 8914 MP

                                   1                                 CRA-1295-2011
        The High Court Of Madhya Pradesh
                 CRA No. 1295 of 2011
                (GOVIND AND OTHERS Vs THE STATE OF MADHYA PRADESH)


Jabalpur, Dated : 16-12-2021
      Mr. Kashiram Patel, Advocate for the appellant.

      Mr.     Brahmdatt       Singh,    Government       Advocate       for   the
respondent/State.

I.A. No. 19941 of 2021 is the fifth application seeking suspension of sentence and grant of bail on behalf of appellant No.2- Seetaram.

On merit we do not find any changed circumstances that call for consideration of the application. However what is being pleaded is that the offence having been taken place in the year 2007, he was immediately arrested. He was in custody throughout. The trial Court convicted him by the order dated 9.5.2011. Therefore, he has been in custody almost for a period of 13 years. He has been convicted and sentenced to undergo life imprisonment for the offence punishable under Section 302 of IPC.

The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Undertrial Prisoners

vs. Union of India and others) and affirmed in Civil Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the accused has undergone the custody half of the sentence then the application requires to be considered on that ground. In the instant case, since he has been convicted for life and he has already undergone custody for about 13 years, we deem it just and necessary that he be enlarged on bail only on that ground itself.

Consequently, the application is allowed. The judgement of sentence awarded by the trial Court dated 9.5.2011 is suspended.

Appellant No.2- Seetaram is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Damoh on 06.07.2022 and 2 CRA-1295-2011 thereafter, on such other subsequent dates as may be fixed in that behalf.

T h e Jail Authority is also directed to ensure that the appellant is examined by the Jail Doctor for Covid-19 before his release. In case, the Jail Doctor is of the opinion that the appellant can be released, all precautionary protocol prescribed from time to time by the Supreme Court, the Central

Government as well as the State Government during release, travel and residence of the appellant during the period of bail be also strictly adhered to.

             (RAVI MALIMATH)                             (VIJAY KUMAR SHUKLA)
               CHIEF JUSTICE                                      JUDGE

  SKM


Digitally signed by
SANTOSH MASSEY
Date: 2021.12.16
19:09:58 +05'30'