Santosh @ Chattan vs The State Of Madhya Pradesh
2023 Latest Caselaw 12714 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 1864 of 2015
                                    (SANTOSH @ CHATTAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 07-08-2023
                               Shri Vikesh Pratap Singh - Advocate for appellant.

                               Shri A.N.Gupta - Public Prosecutor for respondent/State.

Heard on IA No.10824 of 2023.

This is the fifth application seeking for suspension of sentence and bail filed on behalf of accused/appellant No.1 Santosh alias Chattan, who has been

convicted under Section 302 read with Section 34 of the IPC and sentenced to Life Imprisonment with fine of Rs.500/- with default stipulations vide judgment dated 08.12.2014 passed by the Additional Sessions Judge, Sihora, District Jabalpur in Sessions Trial No.42 of 2012.

T h e earlier applications of the appellant were rejected on merits. Therefore, so far as merits are concerned, we do not find any changed circumstance that warrants interference for grant of bail. However, the only ground urged by the appellant's counsel is that the appellant has been in custody for a period of more than 11 years in jail. The period of detention is not

disputed by the State.

The Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) has come to the view that the period of custody is one of the grounds to be taken into consideration while considering the application for bail, however, there are certain exceptions to the same. We do not find that any of the exceptions is applicable to the appellant. Since he has already undergone a period of more than 11 years in jail, we deem it just and necessary to enlarge Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 8/7/2023 7:08:42 PM

him on bail on that ground. Consequently, the application (IA No.10824 of 2023) filed by accused/appellant is allowed.

Accused/appellant No.1 - Santosh alias Chattan is enlarged on bail subject to deposit of the fine amount and on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court/concerned Court on 20.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

IA No.10824 of 2023 is accordingly disposed off.

                              (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                CHIEF JUSTICE                                             JUDGE

                         C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 8/7/2023
7:08:42 PM