Shanker Singh Mahdele vs The State Of Madhya Pradesh
2022 Latest Caselaw 8043 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                    CRIMINAL APPEAL No. 1154 of 2016
           (SHANKER SINGH MAHDELE AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 17-06-2022
         Shri Narendra Tiwari - Advocate for the appellants.

         Shri Suyash Thakur - Government Advocate for the respondent/State.

Heard learned counsels on I.A. No.9844 of 2022. This is the third application filed on behalf of the appellant no.2 Komal Singh Gaud Thakur seeking suspension of sentence and grant of bail.

The primary plea of the appellant no.2 Komal Singh Gaud Thakur is that

he is in custody since 14.06.2011. As on date, he has already undergone a custody of almost 11 years.

The learned Government Advocate opposed the application for bail but does not dispute the fact that the appellant no.2 Komal Singh Gaud Thakur is in custody for more than 10 years.

In the instant case, the appellant no.2 Komal Singh Gaud Thakur has been convicted and sentenced to undergo imprisonment for life with fine of Rs.5000/- 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.

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. The appellant No.2 has already undergone a custody of almost 11 years. Hence he is entitled to be enlarged on bail.

Consequently, the application (I.A.No.9844 of 2022) filed by him is allowed. His remaining jail sentence shall remain suspended and appellant no.2 Komal Singh Gaud Thakur is directed to be enlarged on bail on his 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 29.11.2022 and thereafter, on such other subsequent dates as may be fixed in that behalf.

In view of the COVID-19, jail authorities are directed to follow the Covid-19 protocol as per the Government guidelines before releasing the applicant on bail.

Post for hearing along with Criminal Appeal No.212 of 2016

(RAVI MALIMATH) (SMT. ANJULI PALO) CHIEF JUSTICE JUDGE

C

Digitally signed by CHRISTOPHER PHILIP Date: 2022.06.17 18:13:05 +05'30'