The main legal point established is that under trial prisoners who have completed half of the maximum sentence prescribed for the offence for which they were arrested should not be detained in jail.

1. Through the medium of instant application, applicants/appellants-Babu Ram & Uttam Kumar seek suspension of conviction/sentence dated 15.02.2013 passed by the learned Sessions Judge, Udhampur in case FIR No.01/2009 of Police Station Basantgarh for offence under Section 376, 341, 382, 109 RPC and pray for release of applicants on bail, inter alia, on the ground that appeal is pending in this Court since February, 2013. The trial Court has awarded sentence of 7 years under Section 376 RPC and one month under Section 341 RPC to the applicants/accused. Both sentences were ordered to run concurrently. The applicants were initially arrested on 25.02.2009 and were enlarged on bail on 28.05.2009. They were again arrested on 15.02.2013 and since then they are languishing in jail. Thus, they have undergone more than half of the sentence awarded to them.

2. Learned counsel for the applicants/appellants submitted that in view of the pendency of cases of similar nature, there is no possibility of consideration of the instant appeal for final hearing in near future. It is further submitted that there is a settled principle of law that where the accused has already undergone half of the total sentence awarded, he is entitled to be released on bail.

3. On the basis of submissions made above, learned counsel seeks suspension of sentence and release of applicants on bail.

4. Per contra, bail application is opposed by learned Addl. Advocate General stating that the applicants have been convicted by the learned trial Court for commission of offences which are of very serious and heinous in nature. In view of the alarming rate of these kind of offences in the society, the applicants do not deserve any kind of leniency in consideration of their bail application as such their bail application is required to be dismissed. It is submitted that there is also reasonable apprehension that in case the concession of bail is extended to the applicants/appellants at this stage, they would abuse the liberty to subvert justice thereby thwarting the course of justice, as such, the applicants are not entitled to be released on bail. It is further submitted that in view of gravity of accusation, nature of evidence available and severity of punishment & conviction, the instant application is required to be rejected outrightly.

5. Heard learned counsel for the applicants/appellants as well as learned State Counsel and considered the law on the subject.

6. Section 497-D of Code of Criminal Procedure reads as under:-

“497-D. Maximum period for which an under trial 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 for which the punishment of death has been specified as one of the punishments under the 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 in the writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of personal bond with or without sureties:

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than maximum period of imprisonment provided for said offence under the law.

Explanation:- In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded.”

7. Bare perusal of Section 497-D Cr.P.C., makes it clear that 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 for which the punishment of death has been specified as one of the puni