Supreme Court Awards Rs. 6 Lakh to Man Acquitted After 6 Years, Faults UP Police Probe  ||  Supreme Court: High Courts Can Restore Power on 50% Deposit in Arbitrary Theft Assessments  ||  Supreme Court: Cooperative Society Cannot Deny RTI Records as Personal if Registrar Can Access Them  ||  SC: CoC Cannot Withdraw Approved Resolution Plan Over Improved Corporate Debtor Finances  ||  Delhi High Court: 24-Week Limit Alone Cannot Restrict Medical Termination of Pregnancy  ||  Allahabad High Court Rejects Challenge to 18% GST on Online Legal Database Services  ||  Madras High Court: FIR Registration Does Not Decide Guilt; Prior Hearing of Accused Not Required  ||  Kerala High Court Orders Speedy Prosecution Sanction Process in Sabarimala Gold Theft Case  ||  Allahabad HC: Missing RT-PCR Report Cannot Bar COVID-19 Compensation if Records Confirm Infection  ||  MP High Court Directs Indore Police to Deploy Volunteers for Reporting Noise Pollution Violations    

Sanjay Kumar Vs. State of J&K - (High Court of Jammu and Kashmir) (26 Oct 2018)

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

MANU/JK/0950/2018

Criminal

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  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved