CRLA/255/2017
2023 Latest Caselaw 2030 UK

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 CRMA/830/2018 (Bail Application)
                                 In
                                 CRLA No.255 of 2017
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Sandeep Adhikari, learned counsel for the appellant / applicant.

Mrs. Mamta Joshi, learned Brief Holder for the State.

The applicant is languishing in jail, as a consequence of the judgment of conviction dated 05.08.2017, as it was passed in SST No.32 of 2014, "State Vs. Ghanshyam" wherein he has been convicted under Section 4 to be r/w Section 18 of the POCSO Act, whereby he has been directed to undergo 10 years of rigorous imprisonment and a fine of Rs.10,000/- has also been imposed upon him.

It is contended by the learned counsel for the applicant that since the applicant/appellant has already served more than six years of sentence, out of the total ten years of sentence, as imposed upon him, he would be entitled to be released on bail, in the light of the judgment rendered by the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No(s).529/2021, Sonadhar Vs. State of Chhattisgarh, wherein it has been observed that once the convict has served 40% of the total sentence awarded to him, he should be considered to be released on bail, the relevant paragraphs of which are extracted hereunder:-

"We thus issue the following directions:

a) A similar exercise be undertaken by the High Court Legal Services Committee of different High Courts so that convicts represented by legal aid Advocates do not suffer due to delay in hearing of the appeals. NALSA will circulate this order to the concerned authority and monitor the exercise to be carried on.

b) The Delhi High Court Legal Services Committee would take up the cases of those convicts who have undergone more than half the sentence in case of fixed term sentences and examine the feasibility of filing bail applications before the High Court, while in case of 'life sentence' cases, such an exercise may be undertaken where eight years of actual custody has been undergone."

In view of the guidelines of the Hon'ble Apex Court in the aforesaid judgment, the applicant is directed to be released on bail, subject to furnishing of his personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

Accordingly, the bail application stands disposed of.

(Sharad Kumar Sharma, J.) 02.08.2023 Sukhbant