Ramdev Dahiya vs The State Of Madhya Pradesh
2023 Latest Caselaw 13206 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 2336 of 2014
                                              (RAMDEV DAHIYA Vs THE STATE OF MADHYA PRADESH)

                           Dated : 14-08-2023
                                 None appears for the appellant.

                                 Shri Pramod Thakre - Public Prosecutor for respondent/State.

IA No.21360 of 2019 is filed on behalf of Ramdev Dahiya for suspension of sentence and grant of bail.

By order dated 13.10.2014 matter was considered on merits and the

application for bail was rejected. Subsequently, by the order dated 13.10.2017 also the application was rejected. We do not find any changed circumstances that warrant interference in this application.

In view of the absence of any changed circumstances, we do not find any reason to allow the application.

So far as the period of detention is concerned, we are of the view that the same would come under the exceptions 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 the offences punishable under Sections 376(2)(F) and 506 of the IPC and further convicted under Section 6 of the POCSO Act and sentenced to RI for life and fine of Rs.5000/-, RI for 2 years and fine of Rs.1000/- and RI for life and fine of Rs.5000/- respectively with default stipulations as mentioned in the impugned judgment. The victim was minor aged about 17 years. Therefore, we find that the manner in which the offence has been committed, the exceptions would be applicable to the appellant. Hence, IA No.21360 of 2019 for suspension of sentence and grant of bail is rejected. Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 17-08-2023 10:33:49

(RAVI MALIMATH) (VISHAL MISHRA) CHIEF JUSTICE JUDGE SKM

Signature Not Verified Signed by: SANTOSH MASSEY Signing time: 17-08-2023 10:33:49