Hallu @ Prahlad Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 471 MP

                                   1                                   CRA-912-2015
        The High Court Of Madhya Pradesh
                  CRA No. 912 of 2015
              (HALLU @ PRAHLAD LODHI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 10-01-2022
      Heard through Video Conferencing

      Shri Anurag Shivhare, Advocate for appellant.
      Shri Rajeshwar Rao, Government Advocate for respondent-State.

I.A. No.22909 of 2021:

This is the second application for bail filed by the appellant - Hallu @ Prahlad Lodhi, who is accused No.2.

Appellant has been convicted under Section 364-A of Indian Penal Code and sentenced to R.I. for Life and fine of Rs.500/- vide impugned judgment dated 28.01.2015 passed by Additional Sessions Judge, Rahli, District Sagar in Sessions Trial No.411 of 2010.

The contention of the appellant herein is that as on the date of the impugned judgment, he had undergone a custody of 5 years 5 months and 16 days. The judgment was passed on 28.01.2015. Therefore, he has already undergone the custody for a period of more than 11 years. It is submitted that so far as the co-accused Kalu @ Kalyan and Ramesh Yadav are concerned,

they have been granted bail vide order dated 25.11.2021 in CRA No.861 of 2015. The learned Government Advocate opposed the application.

On hearing learned counsels, we are of the view that the appellant is entitled to be released on bail.

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 of half of the sentence then the same should be considered as a ground for enlarging the appellant on bail. In the instant case, since he has been convicted for life and has already undergone custody for a period of more than 11 years, we deem it just and 2 CRA-912-2015 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 28.01.2015 is suspended.

Appellant - Hallu @ Prahlad Lodhi 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, Sagar on 11.07.2022 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

         psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2022.01.10
18:57:36 +05'30'