Govind vs The State Of Madhya Pradesh
2022 Latest Caselaw 1581 MP

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

Jabalpur, Dated : 03-02-2022
         Heard through Video Conferencing.

         Shri K.R. Patel, Advocate for the appellants.
         Shri B.D. Singh, Government Advocate for the respondent/State.

Heard on I.A. No. 203 of 2022 filed by the appellant no. 3 Jaiprasad. This is the second bail application filed on behalf of the appellant no. 3 Jaiprasad for suspension of sentence and grant of bail.

The plea of the learned counsel for the appellant is that the appellant no. 3 is in custody since last 13 years. That the co-accused/ appellant no. 2 Seetaram has been enlarged on bail by this Court on 16.12.2021.

The learned Government Advocate has filed his objection but does not dispute the fact that the appellant no. 3 Jaiprasad is in custody for the last 13 years.

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 accused has undergone the custody of half of the sentence then the same should be considered as a ground for enlarging the appellant on bail.

The appellant herein has been sentenced to undergo imprisonment for life for the offence punishable under section 302 read with section 34 of the India Penal Code. Since he has already undergone custody for a period of 13 years, we are of the view that he is entitled to be released on bail on that ground alone.

Consequently, the application is allowed.

Appellant no. 3 Jaiprasad 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, Damoh on 07.03.2022 and 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)                   (PURUSHAINDRA KUMAR KAURAV)
                        CHIEF JUSTICE                              JUDGE

     MSP


Digitally signed by MANVENDRA SINGH PARIHAR
Date: 2022.02.03 18:28:29 +05'30'