Lalit vs The State Of Madhya Pradesh
2023 Latest Caselaw 410 MP

                                                                   1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                         AT INDORE
                                                          CRA No. 58 of 2013
                                                   (LALIT Vs THE STATE OF MADHYA PRADESH)



                           Dated : 06-01-2023
                                  Shri Manish Sharma - Advocate for appellant.

                                  Shri Gaurav Singh Chouhan - Deputy Government Advocate for
                           respondent/state.

Heard on IA No.3906/2022, which is third application for suspension of sentence on behalf of appellant Lalit, who has been convicted under section

302, 392 r/w 397 of the IPC and sentenced to undergo life imprisonment and 1 year RI respectively with fine of Rs.10,000/- and 5,000/- with default stipulations.

Eariler applications were dismissed as withdrawn. The present application is filed mainly on the ground that the appellant had already undergone actual jail sentence of more than 12 years. In this regard, a certificate from the Jail Superintendent, Central Jail, Indore has been produced, wherein, it is mentioned that the appellant had undergone actual jail sentence of 12 years 9 months and 8 days as on 13.09.2021. The final hearing

of the appeal is likely to take time.

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 Signature Not Verified Signed by: SOURABH YADAV Signing time: 07/01/2023 10:04:55 AM

Court to consider while enlarging him on bail.

Since the appellant has already undergone the custody of almost more than 12 years and 9 months, I am of the view that he requires to be enlarged on bail on that ground itself.

Consequently, I.A. No.3906 of 2022 is allowed. The remaining jail sentence of the appellant is suspended.

appellant 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 registry of this Court on 15.03.2023 and thereafter, on such other subsequent

dates as may be fixed in that behalf.

                              (VIJAY KUMAR SHUKLA)                                      (PRANAY VERMA)
                                      JUDGE                                                  JUDGE

                           Sourabh




Signature Not Verified
Signed by: SOURABH
YADAV
Signing time: 07/01/2023
10:04:55 AM