Pushpendra Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 19092 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 481 of 2015
                                           (PUSHPENDRA PANDEY Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                 Shri Umesh Pandey - Advocate for appellant.

                                 Shri Anubhav Jain - Public Prosecutor for respondent/State.

For the reasons assigned, I.A.No.2901 of 2022 for change of counsel is allowed.

The Registry to show the name of new counsel by deleting the name of

earlier counsel in the cause list.

Heard on I.A.No.4531 of 2022.

This is a repeat application seeking for suspension of sentence and grant of bail on behalf of accused Pushpendra Pandey, who has been convicted under Section 302 of the IPC and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation as mentioned in the impugned judgment. His earlier bail application was dismissed on merits by the order dated 22.06.2015. We do not find any changed circumstances that warrant interference. However, what has been pleaded is that the accused has undergone the imprisonment for

a period 13 years. Hence, in view of the period of custody, he requires to be released on bail. The same is disputed by the State.

The case of the prosecution is that the accused has committed the murder of his own father. That on 19.07.2013 at 9.30 PM he threw a stone on his father's head leading to his death. 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) has carved out certain exceptions while considering the case for grant of bail based on the period of custody. The facts Signature Not Verified Signed by: CHRISTOPHER PHILIP Signing time: 11/9/2023 5:26:21 PM

of the present case fall within the said exceptions. The accused has committed the murder none other than of his own father in a very brutal manner by throwing a stone over his head. The material on record would indicate that P.W.8, who is an eye witness, has witnessed the incident. In view of the fact that the incident falls within the exceptions as carved out by the Hon'ble Supreme Court, the period of custody cannot be considered as a ground to enlarge him bail.

Hence, I.A. No.4531 of 2022 is dismissed.

                               (RAVI MALIMATH)                                     (VISHAL MISHRA)
                                 CHIEF JUSTICE                                          JUDGE

                          C




Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 11/9/2023
5:26:21 PM