Chandrika Basor vs The State Of Madhya Pradesh
2023 Latest Caselaw 17565 MP

                                                               1
                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                       CRA No. 1362 of 2015
                                       (CHANDRIKA BASOR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 19-10-2023
                                 Shri Sharad Verma - Advocate for the appellant No.1.

                                 Shri A.S. Baghel - Public Prosecutor for the respondent/State.

Heard on IA No.6516 of 2023.

2. The accused has been convicted for the offences punishable under under Sections 302/34 and 201 of the IPC and sentenced to RI for life and RI for 3

years and fine respectively with default stipulations as mentioned in the impugned judgment.

3. This is a repeat application filed on behalf of appellant-Chandrika Basor for suspension of sentence and grant of bail. Earlier bail applications were dismissed on merits. We do not find any changed circumstances that warrant interference.

4. However, what is being pleaded is based on the period of custody. That the appellant No.1 has undergone a custody of 9 years and 3 months. The same is not disputed by the learned Public Prosecutor. However, he disputes that no

bail should be granted to the appellant No.1.

5. Considering the contentions, we are of the view that it is a fit case where the appellant is entitled to be enlarged on bail. The entire case of the prosecution is based on the circumstantial evidence. Keeping in mind the manner in which the offence has been committed, we do not find that the same falls within the exceptions that have been carved out by 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). Hence, purely on the period Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 20-10-2023 12:10:11

of custody, IA No.6516 of 2023 for suspension of sentence and grant of bail is allowed.

6. Appellant No.1 - Chandrika Basor is directed to be enlarged on bail subject to he depositing the fine amount and on 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

                           SKM




Signature Not Verified
Signed by: SANTOSH
MASSEY
Signing time: 20-10-2023
12:10:11