Deo Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 13308 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 2176 of 2017
                                                 (DEO SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 16-08-2023
                                 Shri Pradeep Kumar Naveria - Advocate for appellant.

                                 Shri Pramod Thakre - Public Prosecutor for respondent-State.

Heard on I.A. No.15457 of 2023.

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

302 of the IPC and sentenced to Imprisonment for Life and to pay fine of Rs.1000/- with default stipulation vide impugned judgment.

The only contention of the appellant's counsel is that the accused has undergone imprisonment of about 10 years and 4 months without remission. His earlier application was dismissed on merits vide order dated 26.09.2018.

However, on hearing the contentions, we do not find it appropriate to enlarge him on bail.

The Hon'ble Supreme Court in the case of Saudan Singh vs the State of U.P. and others in SLP (Criminal) No.4633 of 2021 on 05.10.2021 has carved

out various exceptions. The period of custody is one of the grounds for bail. In the instant case, the accused had poured kerosene on his own wife and set her on fire. The gruesome manner in which the offence has been committed has been narrated in the dying declaration given by the deceased. She suffered 95% burn injuries.

Therefore, the gruesome manner in which the offence has been committed would not entitle the accused for the benefit of bail only on the ground of period of detention. His earlier application was already rejected on Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 8/17/2023 3:22:25 PM

merits vide order dated 26.09.2018. There is no changed circumstances that warrant interference.

Consequently, I.A. No.15457 of 2023 is 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