Sanjay Choudhary vs The State Of Madhya Pradesh
2023 Latest Caselaw 16929 MP

                                                              1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                      CRA No. 6040 of 2018
                                           (SANJAY CHOUDHARY Vs THE STATE OF MADHYA PRADESH)

                           Dated : 11-10-2023
                                 Shri Rajesh Kumar Sen - Advocate for appellant.

                                 Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.21678 of 2023.

2. This is the second application for suspension of sentence and grant of bail o n behalf of appellant - Sanjay Choudhary who has been convicted under

Section 302 of the IPC and sentenced to undergo R.I. for Life and fine of Rs.5,000/- with default stipulation vide judgment dated 04.07.2018 passed by the First Additional Sessions Judge, Nagod, District Satna in S.T. No. 325 of 2013. The first application was dismissed as not pressed vide order dated 22.07.2019.

3. T he case of the prosecution is that on 05.07.2013 the accused poured kerosene on his wife and lit her on fire. She sustained 70% burn injuries. The dying declaration implicates the accused. However, what is being contended is that he has already undergone custody for about 10 years 3 months.

4. However, 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) has carved out certain exceptions while considering the grant of bail on the period of custody. In the instant case, the accused has brutally murdered his wife by pouring kerosene and lighting her on fire. The ghastly manner in which the offence has been committed, falls within the exceptions that have been carved out by the Hon'ble Supreme Court in the aforesaid judgment. Hence, we do not find that the period of custody would constitute a ground to enlarge him Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 10/11/2023 5:10:24 PM

on bail.

6. Accordingly, I.A. No.21678 of 2023 is dismissed.

                                (RAVI MALIMATH)                                    (VISHAL MISHRA)
                                  CHIEF JUSTICE                                         JUDGE

                           JP




Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 10/11/2023
5:10:24 PM