Sushil Kol @ Besahu vs The State Of Madhya Pradesh
2023 Latest Caselaw 17966 MP

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            CRA No. 1061 of 2014
                (SUSHIL KOL @ BESAHU Vs THE STATE OF MADHYA PRADESH)

Dated : 27-10-2023
      Shri Abhimanyu Singh - Advocate for appellant.

      Shri Anubhav Jain - Public Prosecutor for respondent.

I.A. No. 9405 of 2023 is an application filed on behalf of the appellant for suspension of sentence and grant of bail who has been convicted under Section 376(2)(g) of the Indian Penal Code and sentenced to undergo

imprisonment for life and a fine of Rs.20,000/-, with default stipulation as mentioned in the impugned judgment.

2. The only contention raised by the counsel for the appellant is that since the appellant he has already undergone jail sentence of more than ten years, therefore, in view of the order dated 05.10.2021 passed by the Hon'ble Supreme Court in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others), the appellant is entitled to be released on bail.

3. The offence is said to have been committed on 19.07.2012. There are nine witnesses to the incident. The medical injury report supports the case of

the prosecution.

4. On considering the overall facts and circumstances of the case and looking to the gruesome manner in which the offence has been committed, and that too in the precincts of temple, no case is made out to release the appellant on bail. So far as the custody period is concerned, the Hon'ble Supreme Court in the case of Saudan Singh (supra) has carved out certain exceptions for considering the period of custody while granting bail as the case of the appellant falls under the exceptions. Therefore, the period of detention cannot be a

ground to enlarge the appellant on bail.

5. I.A. No.9405 of 2023 is accordingly dismissed.

             (RAVI MALIMATH)                                      (VISHAL MISHRA)
               CHIEF JUSTICE                                           JUDGE

  MSP



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SINGH PARIHAR
Date: 2023.10.30 12:20:00 +05'30'