Harish Rajak vs The State Of Madhya Pradesh
2023 Latest Caselaw 20631 MP

Madhya Pradesh High Court

Harish Rajak vs The State Of Madhya Pradesh on 6 December, 2023

Author: Chief Justice

Bench: Chief Justice

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2323 of 2016
                                             (HARISH RAJAK Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-12-2023

                                Ms. Smita Verma- Advocate for appellant.

                                Mr. Pramod Kumar Thakre - Public Prosecutor for the State.

                                Heard on I.A.No.5743 of 2023:
                                This is the sixth application seeking for suspension of sentence and grant
                          of bail filed on behalf of accused/appellant- Harish Rajak.

                          2.   The appellant has been convicted by the IV Additional Sessions Judge,
                          Bhopal in S.T.No.499 of 2015 vide impugned judgment of conviction and order
                          of sentence dated 04.08.2016 for the offence punishable under Section 302
                          (two counts) of the Indian Penal Code and sentenced to undergo rigorous
                          imprisonment for life and fine of Rs.2000/- (on each count); in default of
                          payment of fine, to undergo additional rigorous imprisonment for 3-3 months.
                          3.   His earlier applications for suspension of sentence and grant of bail were
                          dismissed by this Court vide orders dated 23.01.2017, 02.08.2017, 05.01.2018,
                          31.08.2018 and 12.07.2019. There is no changed circumstances that warrant

                          reconsideration. However, the learned counsel for the appellant contends that
                          the appellant is in custody since 2015. He has undergone custody for about nine
                          years. Hence, in view of the period of custody, he requires to be released on
                          bail by applying the judgment of the Hon'ble Supreme Court vide judgment
                          dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs.
                          The State of U.P. and others). The same is disputed by the State.
                          4.   On considering the contentions, we are of the view that there are certain

Signature Not Verified
Signed by: DEVESH K
SHRIVASTAVA
Signing time: 12/7/2023
3:59:53 PM
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                          exceptions that have been carved out by the Hon'ble Supreme Court in the
                          aforesaid judgment while considering the case for grant of bail based on the
                          period of custody. The facts of the present case fall within the said exceptions.
                          This is the case where the accused has been convicted on two counts of
                          murder of Smt. Sunita Lalwani and Kumari Divya Lalwani. In these
                          circumstances, when the conviction is on two counts, we do not find the period
                          of custody to be considered as a ground to enlarge the appellant on bail.
                          5.   In view of the fact that the incident falls within the exceptions as carved out
                          by the Hon'ble Supreme Court in the aforesaid judgment, the period of custody
                          cannot be considered as a ground to enlarge him on bail.

                          6.   I.A.No.5743 of 2023 is accordingly rejected.


                               (RAVI MALIMATH)                                         (VISHAL MISHRA)
                                 CHIEF JUSTICE                                              JUDGE

DS