Girdhari vs The State Of Madhya Pradesh
2023 Latest Caselaw 15568 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 5714 of 2017
                                               (GIRDHARI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 21-09-2023
                                Shri Nitesh K. Patel - Advocate for appellant.

                                Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Heard on I.A. No.7071 of 2022.

This is the second application seeking for suspension of sentence and grant of bail filed on behalf of appellant - Girdhari, who has been convicted

under Sections 302 and 201 of the Indian Penal Code and sentenced to imprisonment for life and R.I. for three years and to pay fine of Rs.3,000/- and Rs.2,000/- respectively, with default stipulations as mentioned in the impugned judgment.

The earlier application (I.A.No.2086 of 2018) was dismissed on merits vide order dated 27.02.2018. We do not find any changed circumstance that warrants reconsideration of the case. However, appellant's counsel submits that the appellant has been in custody for a period of eight years. Furthermore, he has filed I.A.No.12512 of 2022 under Section 320 (2) of Cr.P.C. seeking to

compound the offence.

On considering the reasons, we do not find as to how an application for compounding of a non-compoundable offence could be allowed. Hence, the application being misconceived is dismissed.

The material on record would indicate that the deceased is the son-in-law of the accused. That he has inflicted as many as five to six injuries on the stomach of the deceased. The murder has been committed in a brutal manner by the accused/appellant. Therefore, we are of the view that the same would Signature Not Verified Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 9/22/2023 11:28:43 AM

come within the exceptions as carved out by 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) and, therefore, the period of custody has no relevance so far as the facts of the case are concerned.

Consequently, I.A. No.7071 of 2022 is rejected.

                               (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                 CHIEF JUSTICE                                            JUDGE

                          AM




Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 9/22/2023
11:28:43 AM