Shyamrao vs The State Of Madhya Pradesh
2022 Latest Caselaw 5142 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                CRA No. 3327 of 2013
                                                      (SHYAMRAO Vs THE STATE OF MADHYA PRADESH)

                                Dated : 08-04-2022
                                      Per: Dinesh Kumar Paliwal, J.

Shri Jagat Kumar Dehariya, learned counsel for the appellant. Shri Arvind Singh, learned Government Advocate for the respondent/State. Heard on I.A.No.694/2022, sixth application under Section 389(1) of the Code of Criminal Procedure for suspension of jail sentence and grant of bail to the appellant pending the appeal.

First bail application of the appellant was dismissed on merit by order dated 16.04.2014. Thereafter, all other four applications have been dismissed as withdrawn.

Learned counsel for the appellant has submitted that appellant is in jail for more than 9 years. Learned counsel further submitted that in the light of the judgment rendered by the Supreme Court in the case of Saudan Singh v. The State of U. P. passed in Special Leave to Appeal (Cri.) No.4633/2021, the appellant deserves to be released on bail. He further contended that at the most the case of appellant covers under Section 304 Part II of IPC. Dying declaration is

suspicious; therefore, it has been prayed that the appellant be released on bail.

Learned Government Advocate for the respondent/State has opposed the application for suspension of sentence and grant of bail to the appellant.

On a perusal of record, it is revealed that there are three dying declarations, one in the form of Dehati Nalishi, second under Section 161 Cr.P.C. and third one recorded by Tehsildar. In all the dying declarations, deceased clearly stated that her husband after pouring kerosene oil set her ablaze. Since first application was dismissed on merit thereafter there is no change in circumstances; therefore, we are not inclined to release the appellant/accused on bail.

As no ground is made out for suspension of sentence and grant of bail to the appellant, this sixth application I.A.No.694/2022 too is accordingly dismissed.

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Date: 2022.04.12 18:53:30 IST     (SMT. ANJULI PALO)                                 (DINESH KUMAR PALIWAL)
                                        JUDGE                                                 JUDGE

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Date: 2022.04.12 18:53:30 IST