Malkhan @ Mallu vs The State Of Madhya Pradesh
2023 Latest Caselaw 4479 MP

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 2795 of 2014
                                           (MALKHAN @ MALLU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-03-2023
                                Shri Siddharth Datt - Advocate for appellant.

                                Shri Ajay Shukla - Government Advocate for respondent/State.

I.A. No. 2103 of 2023 is the sixth application seeking suspension of sentence and grant of bail filed on behalf of accused - Malkhan @ Mallu, who has been convicted for the offence punishable under Section 302 of the IPC (on

two counts) and sentenced to life imprisonment with fine of Rs.10,000/- (each count) and further convicted under Section 460 of the IPC and sentenced to undergo rigorous imprisonment for five years with fine of Rs.5000/- with default stipulations as mentioned in the impugned judgment.

By the order dated 19.1.2015, the application for bail was rejected on merit. However, what is being pleaded presently is that the appellant has undergone a custody for a period of 11 years. He has been sentenced for life. Therefore, life would mean a period of 14 years. Therefore, he places reliance on the judgment of the Hon'ble Supreme Court passed in SLP (Criminal)

No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others) vide order dated 05.10.2021 wherein, it is held that if a substantial period of sentence has been undergone, the same may constitute a ground to enlarge the appellant on bail provided he does not come under any one of the exceptions as culled out by the Hon'ble Supreme Court in the aforesaid case.

In the instant case, there are two deceased aged about 55 years and 70 years. One of the deceased has sustained 9 injuries whereas other has sustained 4 injuries. There has been a recovery of knife, which is related to the murder. Signature Not Verified Signed by: MOHD IRFAN SIDDIQUI Signing time: 3/23/2023 5:03:44 PM

Therefore, we are of the view that the heinous manner in which the crime has been committed would come within the exceptions as stated by the Hon'ble Supreme Court. Therefore, the period of custody would not be of any factor in order to enlarge the appellant on bail. Hence, we find no good ground to allow the application.

I.A.No.2103 of 2023 for suspension of sentence and grant of bail is dismissed.

                                  (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                    CHIEF JUSTICE                                       JUDGE

                          irfan




Signature Not Verified
Signed by: MOHD IRFAN
SIDDIQUI
Signing time: 3/23/2023
5:03:44 PM