He Has Already Undergone More Than Half Of The Sentence Which Could Be Awarded To Him If Convicted: SC Grants Bail To Man Accused In A Corruption Case

The Supreme Court granted bail to an under trial in a corruption case on the ground that he has already undergone more than half of the sentence which could be awarded to him if convicted.

Pawandeepsingh Mahendrasingh Kohli was arrested on 15th April 2016 in connection with crime registered for offence initially under Sections 408, 409 read with 34 of the Indian Penal Code. Later, the police filed charge-sheet under Section 409, 406, 420, 468, 471, 120-B, 109 read with 34 of the Indian Penal Code and under Sections 13 (1) (c) read with 13 (2) of the Prevention of Corruption Act. The allegation against him is that he helped the main accused, who is a Government servant, in misappropriating amount of Rs.35.50 Lakhs.

Before the Bombay High Court, it was contended that substantial period has been undergone since his arrest i.e. 4 years and 4 months, which is extending up to one half of the maximum period of imprisonment which can be specified, therefore he is eligible to be released on bail. Section 436-A of the Code of Criminal Procedure provides that, where a person has, during the period of investigation, inquiry or trial of an offence under under any 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. 

"Therefore, though the first part of the section uses word "Shall", the proviso makes a provision and gives discretion to the Court to release such person on bail. The reasons are being recorded now as to why he cannot be released on bail. No doubt the applicant has a Constitutional right under Article 21 of the Constitution of India to have speedy trial but it can be said herein that the delay, if any, is caused for start of the case is not due to anybodies interventions.When huge public money has been misappropriated which is in fact in crores of rupees, case is not made out to grant leniency by giving benefit of Section 436-A of Code of Criminal Procedure. The case is not only a financial offence but the deeper aspect that is required to be considered is that the said money was meant for poor members of the Scheduled Castes.", the High Court had observed while dismissing his second bail application.

Before the Apex Court, the accused submitted that considering he has already undergone more than half of the sentence which could be awarded to him.

"Considering the facts and circumstances of this case and keeping in view that the petitioner has already undergone more than half of the sentence which could be awarded if convicted, and in view of the order dated 25.03.2021 passed in SLP(Crl.) No.6355/2020, we consider it to be a fit case for grant of bail.", the bench comprising Justices Vineet Saran and Dinesh Maheshwari said while granting him bail.

Case: Pawandeepsingh Mahendrasingh Kohli vs. State of Maharashtra

Coram: Justices Vineet Saran, Dinesh Maheshwari

Counsel: Adv K. Parameshwara, Adv Rahul Chitnis

Citation: LL 2021 SC 287 

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