Devkaran Khati vs The State Of Madhya Pradesh
2023 Latest Caselaw 15917 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 676 of 2013
                                             (DEVKARAN KHATI Vs THE STATE OF MADHYA PRADESH)

                          Dated : 26-09-2023
                                Shri Ashish Sinha - Advocate for appellant.

                                Shri Yogesh Dhande - Public Prosecutor for respondent/State.

Heard on I.A. No.14808 of 2023.

This is the fourth application for suspension of sentence and grant of bail on behalf of appellant - Devkaran Khati who has been convicted under Section

376(2)(g) and 506-II of the Indian Penal Code and sentenced to undergo imprisonment for life and R.I. for 2 years and to pay fine of Rs.2,000/- and Rs.1,000/- with default stipulations vide impugned judgment of conviction and order of sentence dated 28.02.2013 passed by the learned Special Judge, Sehore in SPL Case No.87 of 2012.

The co-accused has been released on bail vide order dated 06.05.2013 passed in Cr.A. No.609 of 2013. While granting bail to the co-accused it has been specifically noted that it is the appellant herein namely Devkaran Khati, who dragged the victim in the agricultural land and committed the offence. That

the appellant in Cr.A. No.609 of 2013 was only a by-stander. Therefore, even if that order is to be considered, the entire role is attributed to the appellant herein. However, what has been pleaded is the period of custody. The appellant is in custody since 09.11.2010.

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 with regard to the period of custody while considering the bail application. The manner in which the offence has been Signature Not Verified Signed by: LORETTA RAJ Signing time: 9/30/2023 12:44:08 PM

committed by the appellant herein has been clearly narrated by the witnesses. We are of the view that the same comes under the exceptions as carved out by the Hon'ble Supreme Court and therefore, the grant of bail dependent on the period of custody would not be applicable to the facts of this case.

Hence, I.A. No.14808 of 2023 is rejected.

                                    (RAVI MALIMATH)                                  (VISHAL MISHRA)
                                      CHIEF JUSTICE                                       JUDGE

                          Loretta




Signature Not Verified
Signed by: LORETTA RAJ
Signing time: 9/30/2023
12:44:08 PM