High Court of Jammu and Kashmir

Sanjay Kumar Vs. State of J&K

MANU/JK/0950/2018

26.10.2018

Criminal

Under trial prisoners who have completed half of maximum sentence prescribed for offence for which they were arrested, not be detained in jail

The Petitioner/Appellant has filed the instant application seeking suspension of sentence and for grant of bail in case in which he stands convicted vide order passed by the trial Court under Section 304-II of Ranbir Penal Code (RPC). Issue involved in present case is regarding suspension of the impugned judgment as well as sentence.

As per Section 497-D of CrPC, where a person has during the period of investigation, inquiry or trial under this Code or an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under the law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties.

In present case, the applicant has undergone more than half of the sentence awarded to him by the learned trial Court. Hon'ble Supreme Court in case 'Bhim Singh v. Union of India and ors. held that, under trial prisoners who have completed half of maximum sentence prescribed for offence for which they were arrested, not be detained in jail.

Appeal is a continuation of trial. In present case Appellant has been awarded punishment for ten years and he has already undergone about nine years. The sentence awarded by trial Court is suspended and the applicant/appellant enlarged on bail, subject to conditions.

Relevant

Bhim Singh v. Union of India and ors. MANU/SC/0786/2014
: 2016 (1) SCC (Cri) 663

Tags : Sentence Suspension Grant

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