Tek Singh Mehdele vs The State Of Madhya Pradesh
2022 Latest Caselaw 1937 MP

                                     1
           The High Court Of Madhya Pradesh
                     CRA No. 212 of 2016
             (TEK SINGH MEHDELE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 11-02-2022
       Heard through Video Conferencing.

       Shri Narendra Tiwari, Advocate for the appellants.
       Shri Bramhadatt Singh, Government Advocate for the respondent/State.

Heard learned counsels on I.A. No.15514 of 2021.

This is the seventh application filed on behalf of the appellant no. 2 Poona Bai seeking suspension of sentence and grant of bail.

On considering the contentions, we do not find any changed circumstances that warrant for consideration of her application for suspension of sentence and grant of bail.

In the absence of any ground to enlarge the appellant No.2 Poona Bai on bail, the application (I.A. No.15514 of 2021) is dismissed.

So far as I.A.No.1435 of 2022 is concerned, this is the first application filed by appellant no.1 Tek Singh Mehdele for suspension of sentence and grant of bail.

The only contention urged by the appellant's counsel is that appellant Tek Singh Mehdele is in custody since 14.06.2011. As on date, he has been in custody

for almost 10 years 8 months.

The learned Government Advocate opposed the application but does not dispute the fact that the appellant no. 1 Tek Singh Mehdele is in custody for more than 10 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/accused on bail.

In the instant case, the appellant No.1 Tek Singh Mehdele has been sentenced to undergo rigorous imprisonment for life for the offence punishable under section 302 read with section 149 of the India Penal Code. He has also been

convicted under section 147 of IPC and sentenced to R.I. for two years, vide judgment dated 11.01.2016 passed by the First Additional Sessions Judge, Katni in Sessions Trial No.178 of 2011 in connection with Crime No.155 of 2011 of Police Station Bahoriband, District Katni. Since the appellant No.1 has already undergone

custody for a period of 10 years and 8 months, we are of the view that he is entitled to be released on bail on that ground alone.

Consequently, the application (I.A.No.1435 of 2022) is allowed. Appellant no. 1 Tek Singh Mehdele 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 trial Court/concerned Court on 04.07.2022 and thereafter, on such other subsequent dates as may be fixed in that behalf.

T he Jail Authority is also directed to ensure that the appellant No.1 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)                                       (SMT. ANJULI PALO)
          CHIEF JUSTICE                                             JUDGE

C




    Digitally signed by
    CHRISTOPHER PHILIP
    Date: 2022.02.14 13:38:50
    +05'30'