SC: While deciding the bail case quantum of imprisonment undergone to be considered

A two-judge bench of the apex court on 10.10.2018 in SUGANLAL VERSUS THE STATE OF MADHYA PRADESH (CRIMINAL APPEAL NO(S). 1059/2011) directed to release on self bond.  The bench was headed by:-

• JUSTICE KURIAN JOSEPH
• JUSTICE S. ABDUL NAZEER

FACTS:

There was a quarrel between two brothers in which one got severely hurt for which the victim filed the complaint and upon such complaint case went to the trial court. Trial court convicted the appellant under Section 302 IPC on the evidence of PWs.1, 2, 3, 7 and 8. The fateful incident was of 08.04.1999. The victim is the real brother of the appellant. Appellant took defense of unsound mind raised before the Trial Court in the absence of any supporting evidence.

Feeling aggrieved appellant approached the high court for the reversal of the order of trial court. but High Court upheld the judgement relying upon no evidence supporting the defense.

Due to which appellant approached the Supreme Court. During all this, the appellant had been in jail for around 20 years.

ISSUES:

• Whether appellant was of unsound mind?
• Whether he should be release pre-matured to his punishment?

CONTENTIONS:

By appellants:

• The appellant was a person of unsound mind.
• He should be released from jail now.

By respondents:

• Appellant was of sound mind and was all healthy.
• He should not be allowed to out of jail.
• The appeal should be dismissed.

OBSERVATIONS: The Supreme Court of India observed that:-

• The High Court was right in discussing their entire evidence and the nature of injuries and the evidence available on record.
• That it was a case of a quarrel between two brothers and having regard to the fact that the appellant had spent around 20 years of actual imprisonment holds importance while deciding this appeal.

HELD:  Court disposed of the appeal along with other pending applications. And some directions were given by the court as follows:-

• The State was directed to consider and take a decision on the premature release of the appellant.
• The appellant was directed to be released forthwith on self bond on account of the fact that the appellant had been in jail
• However, the above direction was subjected to the final orders to be passed by the State Government.

For full judgement refer: https://www.supremecourt.gov.in/supremecourt/2009/39773/39773_2009_Judgement_10-Oct-2018.pdf