Babulal vs The State Of Madhya Pradesh
2024 Latest Caselaw 3916 MP

Madhya Pradesh High Court

Babulal vs The State Of Madhya Pradesh on 9 February, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 11304 of 2023 (BABULAL Vs THE STATE OF MADHYA PRADESH)

Dated : 09-02-2024 Shri Imityaz Ahmad Behna - Advocate for appellant.

Shri Sachin Jaiswal - PP for State.

Heard on IA No.13831/2023 which is an application for suspension of sentence filed u/S.389 of Cr.P.C.

The appellant has been convicted under Sections 307 of IPC and sentenced to undergo RI for 10 years with fine of Rs.5000/- with default

stipulation.

The application is filed mainly on the ground that the appellant has undergone actual 50% of jail sentence.

The Hon'ble Supreme Court in a judgment reported in (1994) 6 SCC 7 3 1 (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.

On considering the facts, I do not find that the exceptions as pointed out by the Hon'ble Supreme Court in the order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh Vs. The State of U.P. and others) are applicable herein.

Since the appellant has already undergone the custody of almost more than 50%, we are of the view that he is required to be enlarged on bail on that

ground itself.

Consequently, I.A. No.13831/2023 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant is enlarged on bail on furnishing 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 this Court on 20.03.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

(VIJAY KUMAR SHUKLA) JUDGE

VM