The Supreme Court has today issued notice in a plea filed by a man accused of murder and having carnal intercourse against the order of nature along with other offences under the Indian Penal Code, challenging his dismissal of second bail application by the Madhya Pradesh High Court.
On Wednesday, the Supreme Court headed by Chief Justice of India N.V. Ramana, Justices Surya Kant and Justice A.S. Bopanna issued notice to Madhya Pradesh Government. Senior Advocate Siddharth Dave appeared for Piyush, who had moved the Apex Court for regular bail against the order of the High court of Madhya Pradesh. As a matter of fact, the first bail application moved before Madhya Pradesh High Court had been dismissed on merits.
The High Court had relied upon the judgment of apex court in State of M.P. V/s. Kajad : (2001) 7 SCC 673 which held that the
“successive bail applications are permissible under the changed circumstances, but without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law.”
The statement of co-accused Jagdish, recorded by the police, revealed the intimate relationship between Piyush, the petitioner, and the deceased. Jagdish is a driver of Hemant, who is also an accused in the present case. The fact about such unnatural relationship with the deceased came into the knowledge of Hemant, so they hatched conspiracy with other perperators to commit homicide.
Piyush is charged under offences of section 302, 201, 365, 343, 34, 364, 377 of the IPC and u/s. 67/67(A) of the Information Technology Act.
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On March 10, 2020, at around 09.00 hrs, the complainant Deva went to Baighat to collect firewood and when he reached pulia situated prior to the Baighat Toila Baba he saw a dead body of an unknown person lying by the side on the road. Police prepared inquest form and also prepared panchyatnama laash.
The dead body was identified by Gyaneshwar, the brother of the deceased, who told police that the name of the deceased is Pramod @ Kamlakar. Thereafter, post-mortem was conducted and on March 12, 2020 police registered the FIR against unknown persons for the offence under Sections 302 and 201 of IPC.
According to the case, on March 7, 2020, Jagdish @ Jaggu, Lokesh Bhatt and Sonu Thakur reached the office of Hemant, the co-accused, where he ordered them to bring the deceased. Thereafter, they took the deceased from the tea shop of Gurucharan Singh in a Swift car to the Hemant’s office, where he caused injuries to the deceased by means of stick, belt and cricket bat and confined him in a room. The allegation against the present applicant, Piyush, is that the applicant hatched conspiracy along with the co-accused persons.