Jag Mohan @ Jaggu vs The State Of Madhya Pradesh
2023 Latest Caselaw 13181 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 3030 of 2014
                                           (JAG MOHAN @ JAGGU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-08-2023
                                  Shri H. R. Naidu - Advocate for appellant.

                                  Shri Pramod Thakre - Public Prosecutor for respondent-State.

Heard on I.A. No.3155 of 2020.

This is the fourth application for suspension of sentence and grant of bail. The First application was dismissed as withdrawn vide order dated

08.07.2015, the second application was dismissed on merits vide order dated 09.09.2016 and the third application was dismissed as not pressed vide order dated 28.08.2018.

The case of the prosecution is that the appellant has committed the offence under Sections 366 of IPC and sentenced to undergo R.I. for ten years and fine of Rs.5,000/- and further convicted under Section 376(2)(1) of IPC and sentenced to undergo R.I. for Life and fine of Rs.10,000/- with default stipulation as mentioned in the impugned judgment. The appellant has committed rape of a victim aged about 4 years.

Learned counsel for the appellant contends that he has already undergone the custody of about 9 years and hence he is required to be released on bail.

The same is disputed by the learned Public Prosecutor who submits that manner in which the offence has been committed does not entitle him to the same.

Having considered the order passed 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), we do not find that the period of Signature Not Verified Signed by: LORETTA RAJ Signing time: 8/18/2023 6:01:45 PM

custody is a relevant factor in this case. The appellant falls under the exceptions as carved out by the Hon'ble Supreme Court in the aforesaid judgement. It is a gruesome offence committed by the appellant on committing an offence of rape on a child who is 4 years old. Therefore, the ground of grant of bail on the period of detention would not be applicable to the appellant. Even on merits we are of the view that primafacie there is no error committed by the trial court .

We find no good grounds to enlarge the appellant on bail. Hence, I.A. No.3155 of 2020 is dismissed.

                                    (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                      CHIEF JUSTICE                                          JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 8/18/2023
6:01:45 PM