New Delhi Sept 8(ILNS): The Supreme Court today has issued a notice in a plea filed by a man accused of murdering and carnal intercourse against the order of nature along with other offenses under the Indian Penal Code, challenging his dismissal of the second bail application by the Madhya Pradesh High Court.
On Wednesday, the Supreme court comprised of CJ NV Ramana, Justice Suryakant, and Justice A.S.Bopanna issued notice to Madhya Pradesh Government.
Senior Advocate Siddharth Dave appeared for Piyush. Piyush moved the apex court seeking 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 got dismissed too on merits.
The High court had relied upon the judgment of the 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.”
On the basis of statement of co-accused Jagdish recorded by the Police which revealed the intimate relationship between Piyush, Petitioner and deceased. Jagdish is a driver of Hemant who is also an accused in the present case. The fact about such an unnatural relationship with the deceased came into the knowledge of Hemant, so they hatched a conspiracy with other perpetrators to commit homicide.
Piyush is charged under offenses of sections 302, 201, 365, 343, 34, 364, 377 of the IPC and u/s. 67/67(A) of the Information Technology Act.
On March 10, 2020, at around 09.00 hrs. the complainant Deva went to the Baighat to collect firewood and when he reached pulia situated prior to the Baighat Toila Baba he saw that a dead body of an unknown person was lying by the side on the road. Police prepared an inquest form and also prepared Panchyatnama Laash.
The dead body was identified by the brother of the deceased Gyaneshwar and he informed the police that the name of the deceased is Pramod @ Kamlakar. Thereafter, a postmortem was conducted and on March 12, 2020, police registered the FIR against unknown persons for the offense under Sections 302 and 201 of IPC.
On March 7, 2020, Jagdish @ jaggu, Lokesh Bhatt, and Sonu Thakur reached at the office of the co-accused Hemant where co-accused Hemant ordered them to bring out the deceased. Thereafter, they took the deceased from the tea shop of Gurucharn Singh in the swift car to the office of co-accused Hemant where co-accused caused injuries to the deceased by means of a stick, belt, and cricket bat and confined him in a room. The allegation against the present applicant is that the applicant hatched conspiracy along with co-accused persons and also./ILNS/KR/SNG