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Judgment
Heard on I.A.No.19870 of 2023.
This is the fifth application for suspension of sentence and grant of bail to the appellant - Rajesh.
T he appeal has been preferred by the appellant against the judgment dated 31.08.2013, passed by learned IInd Additional Sessions Judge, Mandla, in S.T. No. 38 of 2013 by which appellant stands convicted for the offence punishable under Section 302 of IPC and sentenced to undergo imprisonment for life with fine of Rs.5000/- with default stipulation.
The earlier application (I.A.No.4803 of 2022) was dismissed as withdrawn vide order dated 29.07.2022. 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 eleven and a half years. However, the Hon'ble Supreme Court has carved out certain exceptions vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others).
In the facts arraigned, the accused assaulted the deceased with a stick and an axe and she died by strangulation. However, we are of the view that the manner in which the offence has been committed certainly comes within the exceptions as carved out in the aforesaid judgment. Therefore, the accused is not entitled for grant of bail.
Consequently, I.A. No.19870 of 2023 is rejected.