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 HC.
On Wednesday, the SC headed by CJI 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.