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Madhya Pradesh High Court · body

2011 DIGILAW 946 (MP)

Asharam v. State of M. P.

2011-08-17

M.C.GARG

body2011
ORDER 1. With consent, arguments heard on merits. 2. Learned counsel submits that the petitioner is in jail in this case right from 30th January, 10 and has already remained in custody for a period of one year six months and 15 days and thus has already undergone more than half of the period of sentence which can be awarded to the petitioner for the offence under Sec. 379 of the Penal Code. Since he is in custody, there is no reason to suggest that he has delayed the proceedings. As such it is submitted that the right which has been accrued in favour of the petitioner under sec. 436A of Cr.PC requires release of the petitioner on bail forthwith. 3. I have heard learned counsel for the parties and perused the provisions contained in sec. 436A of CrPC which reads as under:- "436A. Maximum period for which an undertrial prisoner can be detained :- 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 1'0 which the punishment of death has been specified as one of the punishment under that 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; Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detenion of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties; the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law." 4. In view of aforesaid provisions which has been inserted in the statute only I in the year 2005, the right which has been conferred on the petitioner cannot be taken away. 5. In these circumstances, the petitioner is directed to be released on bail on his furnishing a personal bond in sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the trial Court on the conditions contained in Sec. 437 (3) of CrPC.