Kallan Raikwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13204 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 1975 of 2017
                                           (KALLAN RAIKWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 14-08-2023
                                Shri Sushil Kumar Jha - Advocate for appellant.

                                Shri Pramod Thakre - Public Prosecutor for respondent/State.

Heard on I.A. No.3166 of 2023.

This is the second application seeking for suspension of sentence and bail filed on behalf of appellant who has been convicted under Section 302 of

IPC and sentenced to R.I. for Life and fine of Rs.1000/- with default stipulation vide judgment dated 22.04.2017 passed by the First Additional Sessions Judge, Naugaon District Chhatarpur in Sessions Trial No.254 of 2014. The earlier application of the appellant was dismissed on merits.

By the order dated 26.09.2018, the application for bail was considered on merits and the same was rejected. Questioning the same, the accused filed a Special Leave Petition (Criminal) Diary No.30307 of 2019 which was rejected vide order dated 23.09.2019.

In the present case, we do not find any changed circumstances that

warrant interference. However, what has been contended is that the accused is in custody for a period of about 9 years.

Considering the facts of the present case, we are of the view that the accused comes within the exceptions as 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). The accused has been convicted for committing the murder of a minor child who was hardly ten months. Therefore, the gruesome manner in which the offence is committed Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/17/2023 3:22:25 PM

does not entitle grant of bail to the accused even if the period of custody is taken into account.

Hence, I.A. No.3166 of 2023 is rejected.

                                  (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                    CHIEF JUSTICE                                       JUDGE

                          vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 8/17/2023
3:22:25 PM