Umesh @ Deendayal vs The State Of Madhya Pradesh
2023 Latest Caselaw 13415 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2773 of 2014
                                          (UMESH @ DEENDAYAL Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-08-2023
                                Ms. Durgesh Gupta - Advocate for appellant.

                                Mr. A.S. Baghel - Public Prosecutor for respondent/State.

The case of the prosecution is that both the accused on 13.04.2013 at about 3:00 AM caused injuries to the wife of the first accused by pouring acid/petrol and ran away with her son. Thereafter, her son was found dead. A

complaint was lodged by the deceased herself. The statement of the deceased was recorded and the investigation was taken up. After charge-sheet being filed, on trial, the accused have been convicted under Sections 302 and 201 of the IPC and sentenced to Imprisonment for Life and a fine of Rs.1000/- and Imprisonment for seven years and a fine of Rs.1000/- respectively with default stipulations vide judgment dated 31.07.2014 passed by the Sessions Judge, Chhindwara in Sessions Trial No.186 of 2013. Hence, this appeal.

I.A.No.17088 of 2023 has been filed by accused Umesh @ Deendayal seeking for suspension of sentence and grant of bail.

The appellant's counsel contends that there is no material to implicate the accused. That he has been in custody for almost ten years. Hence, the bail should be granted.

The same is disputed by the learned Public Prosecutor. On hearing the learned counsels, we find no good ground to enlarge the accused on bail.

The statement of the deceased has been recorded. She has clearly narrated the manner in which the incident took place. Her husband/accused Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 8/18/2023 7:08:07 PM

Umesh and another poured acid/petrol on her and set her on fire. She sustained 90% burn injuries. Under these circumstances, we find no good ground to enlarge the accused on bail. The manner in which the incident has occurred by setting his wife on fire would necessarily come within the exceptions that have been 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) and, therefore, only because the accused is in custody for more than ten years, the same cannot constitute a ground for enlarging the accused on bail in view of the prevalent facts and circumstances. In view of the gruesome manner in which the deceased and her son were done to death, we find no good

ground to enlarge the accused on bail.

Hence, I.A.No.17088 of 2023 is dismissed.

                               (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                 CHIEF JUSTICE                                           JUDGE

                          sj




Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 8/18/2023
7:08:07 PM