Dinesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16090 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                       CRA No. 387 of 2010
                                                (DINESH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-12-2022
                                Shri Bhaskar Agrawal - Government Advocate for respondent.

Appellant's counsel absent.

Heard learned Government Advocate.

I.A. No.13259 of 2022:

This is the eighth application under Section 389 of the CrPC seeking for

suspension of sentence and bail filed by the sole appellant, who has been convicted under Sections 302 and 309 of the Indian Penal Code and sentenced to Life Imprisonment with fine of Rs.500/- and R.I. for 3 months with fine of Rs.500/- respectively with default stipulations.

The learned Government Advocate submits that the appellant has been in custody since 28.4.2009. Therefore, he has spent almost more than 13 years and 8 months in custody.

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 followed in Criminal Appeal No.1640 of 2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the convict has undergone a sentence of more than fifty percent of what has been awarded to him, the same shall constitute a ground to the Court to consider while enlarging him on bail.

On considering the facts, we do not find that the exceptions as pointed out by the Hon'ble Supreme Court in the order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh Vs. The State of U.P. and others) Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 12/6/2022 11:15:29 AM

are applicable herein.

Since the appellant has already undergone the custody of almost more than 13 years and 8 months, we are of the view that he requires to be enlarged on bail on that ground itself.

Consequently, I.A. No.13259 of 2022 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant - Dinesh is enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Chief Judicial Magistrate, Ratlam on 15.03.2023 and thereafter, on

such other subsequent dates as may be fixed in that behalf.

We do not find any ground to hear this matter out of turn. IA No.11673 of 2022 for urgent hearing is dismissed.

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

                          skm




Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 12/6/2022
11:15:29 AM