Vyastbahadur Singh @ Mahant vs The State Of Madhya Pradesh
2023 Latest Caselaw 13300 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2503 of 2015
                                    (VYASTBAHADUR SINGH @ MAHANT Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                Shri Santosh Kumar Singh - Advocate for appellant.

                                Shri Alok Agnihotri - Public Prosecutor for the respondent-State.

Heard on I.A. No.18456 of 2021.

T his is the third application filed by accused-appellant seeking for suspension of sentence and grant of bail who has been convicted under

Sections 302 and 201 of the IPC and sentenced to undergo R.I. for Life and R.I. for 5 years and to pay fine of Rs.20,000/- and Rs.2000/- respectively with default stipulations as mentioned in the impugned judgment.

B y the order dated 22.01.2016, earlier application preferred by the accused for suspension of sentence was rejected on merits.

On considering the contentions, we do not find any changed circumstances that warrant interference in this application. However, what is being contended is with regard to the period of detention. That the accused has been in custody for about 10 years.

The application is objected to by the Public Prosecutor. On hearing learned counsels, we do not find that the period of custody would constitute a ground to enlarge him on bail. The manner in which the offence has been committed is quite ghastly. There is a piercing injury on the lung of the deceased. Thereafter, he was electrocuted as a result he died. Therefore, the ghastly manner in which the incident has occurred would not render the accused for benefit of the judgment passed by the Hon'ble Supreme Court in the case of Saudan Singh vs. the State of U.P. and others (SLP Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/17/2023 3:22:25 PM

(Criminal) No.4633 of 2021) dated 05.10.2021. The gruesome manner in which the offence has been committed in the present case would come under the exceptions as carved out by the Hon'ble Supreme Court. Therefore, the period of detention would not come to the aid of the appellant. Hence, on this ground also, we find no good ground to enlarge the appellant on bail.

I.A. No.18456 of 2021 is accordingly dismissed.

                                  (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                    CHIEF JUSTICE                                         JUDGE

                          vinod




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