Gyani Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 16372 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 311 of 2015
                                         (GYANI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 05-10-2023
                                Shri Jagat Kumar Dehariya - Advocate for appellants.

                                Shri Pramod Thakre - Public Prosecutor for respondent/State.

Heard on I.A. No.23331 of 2023.

2. This is a repeat application for seeking suspension of sentence and bail filed on behalf of accused-appellant No.3 namely Ghanshyam who has been

convicted under Section 302 read with 34 of the IPC and sentenced to undergo R.I. for Life and to pay a fine of Rs.1000/- with default stipulation.

3. The earlier application for suspension of sentence was rejected on merits by a detailed order dated 24.08.2020. We do not find any changed circumstances that warrant consideration. However, what is being pleaded is that the accused has been in custody since 23.01.2015 and has suffered about 8 years of jail sentence, hence he is entitled to be released on bail.

4. The material on record would indicate that all the three accused including the accused herein committed murder of father of complainant Pawan (PW1) in

the course of which the accused herein caught hold of his legs and thereafter the assault took place which clearly indicates the role played by the accused herein in the commission of the offence. He knowing fully well that the offence would take place has indulged in committing murder of Bhoopat @ Munna along with co-accused persons.

5. Therefore, we are of the view that even the judgment of the Hon'ble Supreme Court in the case of Saudan Singh vs. the State of U.P. and others (SLP (Criminal) No.4633 of 2021) dated 05.10.2021, carving out certain Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 10/6/2023 11:29:51 AM

exceptions, would not come to the aid of the accused herein. The manner in which the offence has been committed disentitles the accused to be released on bail based on the period of detention, especially since he has hardly undergone a custody of about 8 years. Hence, on this ground also, we find no good ground to enlarge the appellant on bail.

6. I.A. No.23331 of 2023 is accordingly dismissed.

                                  (RAVI MALIMATH)                                   (VISHAL MISHRA)
                                    CHIEF JUSTICE                                        JUDGE

                          vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 10/6/2023
11:29:51 AM