Madhya Pradesh High Court

Nilesh vs The State Of Madhya Pradesh on 6 May, 2024

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE CRA No. 1597 of 2020 (NILESH Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2024 Ms. Sharmila Sharma, learned counsel for the appellant.

Shri Viraj Godha, learned Public Prosecutor for the State. Heard on IA No.3795/2024, which is first application under section 389 of Cr.P.C on behalf of appellant No.1 Nilesh on the ground that the appellant has undergone actual jail sentence of 50% i.e. more than five years.

The appellant has been convicted under Sections363, 366 & 376(2) n of

IPCand sentenced to undergo 2 years RI, 3 years RI and 10 years RI and fine of Rs.1000/-, Rs.2000/- & Rs.5000/- with default stipulation.

Counsel for the State opposes the prayer and submits that the age of the prosecutrix has been found only 16 years and few months.

Counsel for the appellant submits that the appellant has undergone 50% of actual jail sentence. The appeal is of year 2020. 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 Court to consider while enlarging him on bail.

Since the appellant has already undergone more than 50% of the custody, this Court is of the view that he require to be enlarged on bail on that ground

itself.

Consequently, I.A. No.3795of 2024 is allowed. The remaining jail sentence of the appellant is suspended.

Appellant No.1 - Nilesh is enlarged on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with separate solvent surety of the same amount to the satisfaction of the trial Court, for his appearance before the Registry of this court on 12.08.2024 and thereafter, on such other subsequent dates as may be fixed in that behalf.

List for final hearing in due course.

(VIJAY KUMAR SHUKLA) JUDGE

soumya