Mukesh Jhariya vs The State Of Madhya Pradesh
2023 Latest Caselaw 18431 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                        CRA No. 2310 of 2017
                                              (MUKESH JHARIYA Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-11-2023
                                Smt. Archana Tiwari - Advocate for appellant.

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

Heard on I.A. No.7037 of 2022:

2. This is a repeat application seeking for suspension of sentence and bail filed on behalf of accused/appellant Mukesh Jhariya. The earlier application was

rejected on merits by the order dated 25.06.2018.

3. We do not find any changed circumstances that warrant interference. However, what has been stated is that the accused has been in custody for about nine years. Hence, in terms of the judgment of 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) the accused requires to be enlarged on bail.

4. We have considered the contentions. Certain exceptions have been carved out in the judgment with regard to the manner in which the offence has been

committed and the like nature. In the instant case, the accused after having committed the murder of the deceased had buried him in the house. The skeleton was recovered at his instance after one and a half years. There were other articles which were also seized from the place where the body was buried. Therefore, this is a clear case where the offence was not only committed in a brutal manner but every effort was made to hide the dead body to ensure that nobody comes to know. Therefore, in view of the manner in which the offence has been committed, the same falls into the exceptions as carved out by the Signature Not Verified Signed by: SHALINI LANDGE Signing time: 11/3/2023 11:42:56 AM

Hon'ble Supreme Court in Saudan Singh (supra). Hence, the application cannot be considered based on the period of custody undergone.

5. I.A. No.7037 of 2022 is accordingly rejected.

                                     (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                       CHIEF JUSTICE                                         JUDGE

                          Sha




Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 11/3/2023
11:42:56 AM