The Supreme Court has stayed the execution of the death sentence awarded to a man convicted of sexually assaulting and murdering a five-year-old girl in Madhya Pradesh in 2024. A three-judge bench comprising Justices Vikram Nath, Sandeep Mehta and N V Anjaria passed the order while hearing an appeal filed by convict Atul Nihale challenging the Madhya Pradesh High Court’s January judgment that upheld his conviction and death penalty.
Passing the interim order on Tuesday, the bench directed that the execution of the death sentence remain on hold until the court hears and decides the appeals filed by the convict.
“The execution of the death sentence shall remain stayed pending the hearing and final disposal of the present appeals,” the court said.
The Supreme Court also ordered that the original case records be called from both the Madhya Pradesh High Court and the trial court.
In addition, the bench directed the state government to submit the reports of all probation officers concerning the appellant within 12 weeks.
The court further instructed the Superintendent of Central Jail, Bhopal, to submit a report detailing the work performed by the appellant during his incarceration, as well as an assessment of his conduct and behaviour in jail.
“The superintendent of jail, central jail, Bhopal, Madhya Pradesh shall submit a report with regard to the nature of work which has been performed by the appellant while in jail and a report with regard to the conduct and behaviour of the appellant while in jail within a period of 12 weeks,” the bench directed.
The court also ordered a psychological evaluation of the appellant. For this purpose, the head of the Bhopal Memorial Hospital and Research Centre has been asked to constitute an appropriate medical team and submit its report to the court within 12 weeks.
Additionally, the bench permitted Devika Rawat, associated with the Square Circle Clinic at NALSAR University of Law, to access the appellant in Bhopal Central Jail to conduct multiple in-person interviews. These interviews will be used to prepare a mitigation investigation report related to sentencing.
To ensure confidentiality, the court directed that the interviews take place in a separate space without prison or police officials within earshot, and allowed audio recording of the interactions.
The matter has been listed for further hearing after 16 weeks.
The appellant was originally convicted and sentenced to death by a trial court. The case began after the victim’s mother lodged a police complaint in Bhopal in September 2024 reporting that her daughter was missing.
During the search operation, police noticed a foul smell coming from a flat in the Eidgah Hills area. Upon entering the premises, they discovered a white plastic tank in the bathroom containing the child’s body.
Following the investigation, the trial court delivered its judgment in March last year, convicting the accused and awarding him the death penalty.
The accused later challenged the verdict before the Madhya Pradesh High Court, which dismissed his appeal and affirmed both the conviction and the death sentence.
Before the High Court, the defence had argued that the appellant had been falsely implicated in the case.
With the Supreme Court now seized of the matter, the execution of the death sentence will remain stayed until the appeals are finally decided.
