“Court has not laid down that the case for bail can be considered only after undergoing half of the sentence:” Supreme Court

Recently, the Supreme Court (SC) of India was hearing a petition challenging the Madhya Pradesh High Court’s refusal to suspend sentence. The bench clarified that it has not laid down any proposition that the case for bail can be considered only after the convict has undergone half of the sentence. The bench said, “...the High Court has not correctly read the order of this Court in the case of Atul alias Ashutosh v. State of Madhya Pradesh. In the facts of the case, the accused had undergone half of the sentence. However, this Court has not laid down that the case for bail can be considered only after undergoing half of the sentence.” The order was passed by a two-judge bench constituting Justice Abhay S Oka and Justice Augustine George Masih. The bench noted that the maximum substantive sentence of the appellant, in this case, is 4 years, and the appeal against the conviction filed by the appellant is of the year 2024. It added, “Considering the huge pendency of old cases, it is obvious that the appeal is not likely to be heard before the appellant undergoes the entire sentence.” Therefore, the SC bench ordered, “The appellant is entitled to the relief of suspension of sentence and bail, pending the final disposal of the criminal appeal. For that purpose, the appellant shall be produced before the Special Court within a maximum period of one week from today (November 25). The Special Court shall enlarge the appellant on bail on appropriate terms and conditions till the disposal of the appeal.”