Santosh vs The State Of Madhya Pradesh
2023 Latest Caselaw 14960 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                       CRA No. 696 of 2015
                                          (SANTOSH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-09-2023
                                Shri Shivam Singh - Advocate for appellant.

                                Shri Dharmendra Soni - Advocate for objector.
                                Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.6267 of 2023.

This is the fifth application seeking for suspension of sentence and bail

filed by appellant/accused No.1 - Santosh who has been convicted under Sections 450, 302 and 323 of the IPC and sentenced to R.I. for 7 years with fine of Rs.1000/-, life imprisonment with fine of Rs.1000/- and R.I. for 6 months respectively, with default stipulations.

The only contention being urged by the learned counsel for the appellant/accused is that he has been in custody for a period of 10 years and 9 months. The said period is not disputed by the State. However, they indicate that one of the fatal blows was inflicted by the accused. Therefore, he is not entitled to be released on bail by applying the judgement of 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).

However, on considering the reasons assigned, we are of the view that the accused Santosh is entitled to be enlarged on bail. He does not fall within exceptions as carved out by the Hon'ble Supreme Court in the said judgment. The facts would indicate that there were five accused who all assaulted the deceased. One assault was made by the appellant/accused herein by using lohani on the head of the deceased. Therefore, we are of the view that keeping Signature Not Verified Signed by: PRARTHANA SURYAVANSHI Signing time: 9/11/2023 6:29:18 PM

in mind the period of custody undergone by the appellant/accused, he is entitled to be released on bail. Consequently, I.A. No.6267 of 2023 is allowed.

Accused No.1 - Sanotsh is enlarged on bail subject to deposit of the fine amount and 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 28.11.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                 (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                   CHIEF JUSTICE                                          JUDGE

                          Prar




Signature Not Verified
Signed by: PRARTHANA
SURYAVANSHI
Signing time: 9/11/2023
6:29:18 PM