Somesh vs The State Of Madhya Pradesh
2022 Latest Caselaw 751 MP

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                                           The High Court Of Madhya Pradesh
                                                     CRA No. 86 of 2016
                                                       (SOMESH Vs THE STATE OF MADHYA PRADESH)

                                Indore, Dated : 17-01-2022
                                          Heard through Video Conferencing.

                                          Shri S.C. Agrawal, Advocate for appellant.
                                          Shri Sudhanshu Vyas, Panel Lawyer for the respondent.

IA No.23920 of 2021 has been filed seeking for suspension of sentence and for bail.

The primary contention of appellant's counsel is that the accused has

b een in custody for more than 11 years without remission. Hence, he is entitled for bail.

The same is opposed by learned Panel Lawyer.

Heard learned counsels.

T h e appellant has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Section 366 of IPC.

The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 731 (Supreme Court Legal Aid Committee Representing Under trial Prisoners vs. Union of India and others) and affirmed in Criminal Appeal No.1640 of

2010 (Thana Singh vs. Central Bureau of Narcotics) decided on 30.08.2010 has held that if the period of custody has been undergone by the accused for more than 50% of the sentence that is awarded, the same should be considered as a ground while considering the application for bail. In the instant case, since the appellant has already undergone the custody of 11 years, we are of the considered view that he is entitled for bail on that ground itself.

Consequently, IA No.23920 of 2021 is allowed. The judgement of sentence awarded by the trial Court dated 08.12.2015 is suspended.

Appellant Somesh is enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands only) with one solvent

Signature Not Verified SAN surety of the same amount to the satisfaction of the trial Court, for his

Digitally signed by RASHMI PRASHANT Date: 2022.01.19 11:54:20 IST

appearance before the Chief Judicial Magistrate, Indore on 06.07.2022 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)                                  (PRANAY VERMA)
                                           CHIEF JUSTICE                                       JUDGE

                                rashmi




Signature Not Verified
 SAN



Digitally signed by RASHMI
PRASHANT
Date: 2022.01.19 11:54:20 IST