Chhote Alias Durgesh Pawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16928 MP

                                                             1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 1586 of 2017
                                      (CHHOTE ALIAS DURGESH PAWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri S. K. Jaiswal - Advocate for appellant.

                                 Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on IA No.3748 of 2023:

2. This is the sixth application seeking for suspension of sentence and bail filed on behalf of appellant/accused Chhote @ Durgesh Pawar, who has been

convicted under Section 302 of the IPC and sentenced to R.I. for Life and fine of Rs.5,000/-, with default stipulations vide judgment dated 07.04.2017 passed by the Sessions Judge, Chhindwara in Sessions Trial No.134 of 2015.

3. Earlier application was dismissed on merits vide order dated 16.05.2019. We do not find any changed circumstances that warrant reconsideration of this application. However, it is prayed that the accused has undergone custody for about 8 years 7 months.

4. O n considering the same and by applying the judgment of the Hon'ble Supreme Court dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021

(Saudan Singh vs. The State of U.P. and others), the accused is entitled to be released on bail. The manner in which the offence has been committed does not fall within the exceptions as carved out by the Hon'ble Supreme Court in the case of Saudan Singh (supra). The accused has been in custody for a period of 8 years 7 months. Hence, on this ground alone, the accused is entitled to be enlarged on bail. Consequently, I.A.No.3748 of 2023 is allowed.

5. Subject to deposit of the fine amount, the remaining jail sentence of the appellant shall remain suspended and appellant/accused Chhote @ Durgesh Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 10/11/2023 5:10:24 PM

Pawar is directed to be enlarged on bail on he 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 04.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                  CHIEF JUSTICE                                           JUDGE

                           JP




Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 10/11/2023
5:10:24 PM