ASHRAM Vs. STATE OF M P

JUDGEMENT

(1.) With consent, arguments, heard on merits.

(2.) Learned petitioner's Counsel submits that the petitioner is in jail in this case right from 30th January, 2010 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 Section 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 Section 436-A 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 Sections 436-A of Cr.PC, which read's as under :-