Santosh Sahu vs The State Of Madhya Pradesh
2022 Latest Caselaw 16428 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 4946 of 2021
                                               (SANTOSH SAHU Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2022
                                 Per Virender Singh, J

                                 Ms. Akansha Singh, learned counsel for the appellant.
                                 Shri Piyush Jain, learned Govt. Advocate for the respondent/State.

Heard on I.A. No.20452/2022.

2. This is the third application of sole appellant/applicant Santosh Sahu

under Section 389(1) of CrPC for suspension of custodial sentence.

3. The applicant has been convicted under Section 302 of IPC (two counts) and sentenced to undergo life imprisonment on each count and to pay fine of Rs.1000/- each with default stipulation, for committing murder of his own father and daughter by means of an adze (basula).

4. The first application (I.A. No.18166/2021) of the applicant has been dismissed by a detailed and exhaustive order dated 08.02.2022 on merits while the second application (I.A. No.7507/2022) has been withdrawn vide order dated 12.07.2022.

5. We have heard the ld. counsel for the applicant at length who repeatedly argued on insanity of the applicant and emphasized that due to this effect, he was unable to understand or incapable of knowing the nature of his act that it is either wrong or contrary to law. However, after appreciating the entire evidence produced by the defence before it, the trial Court observed in paragraphs 39 and 41 of the impugned judgment that defence could not establish the fact that at the time of incident, conduct of the applicant was affected by his insanity or unsoundness of mind and on the contrary, conduct Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 12/15/2022 11:42:52 AM

of the applicant immediately after the incident, as brought on record by the prosecution, negates the plea of the applicant that at the time of the incident, he was insane or was of unsound mind. Nothing has been pointed out to doubt or disbelieve this finding, therefore, on this ground also, we do not find it a fit case to allow suspension as sought for by the applicant.

6. Accordingly, I.A. No.20452/2022 stands dismissed.

7. Ms. Singh, learned counsel for the applicant further earnestly made a request that mother of the applicant is on the death bed and there is no one to look after her and she desperately needs presence of the applicant, therefore, at least on this humanitarian ground, the applicant may be released from the jail.

8. Looking to the nature of allegations as found proved against the applicant and other facts and circumstances of the case, we decline to accede to the prayer made by Ms. Singh, learned counsel for the applicant merely on her oral submission. However, she may file a separate application on this compassionate ground.

9. Being an admitted appeal, let it be listed for final hearing in due course.

                              (SHEEL NAGU)                                              (VIRENDER SINGH)
                                  JUDGE                                                      JUDGE

                           vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 12/15/2022
11:42:52 AM