Madhya Pradesh High Court
Bhupendra Singh @ Halke Bhaiya vs The State Of Madhya Pradesh on 26 March, 2021
Author: Vijay Kumar Shukla
1
CRA No. 1871/2020
HIGH COURT OF MADHYA PRADESH
CRA No. 1871/2013
(Bhupendra Singh @ Halke Bhaiya Vs. The State of M.P.)
Jabalpur, Dated :26.03.2021
Shri Madan Singh, learned counsel for the appellant.
Shri Yogendra Das Yadav, learned Government Advocate for
the respondent/State.
Heard on I.A. No. 13703/2020 which is repeat (third)
application under Section 389(1) of the Code of Criminal Procedure,
1973 for suspension of sentence on behalf of the appellant Bhupendra
Singh @ Halke Bhaiya.
The appellant stands convicted and sentenced by the trial Court
as under:
Conviction Sentence
Under Section Imprisonment Fine amount Imprisonment
(If deposited in lieu of Fine
details) amount
302/34 of the IPC Imprisonment Rs.500/- In default of
for Life (deposited) fine R.I. for 06
(six) months.
201 of the IPC R.I. for 03 Rs.500/- In default of
Years (deposited) fine R.I. for 06
(six) months.
The earlier application for suspension of sentence of the
appellant was dismissed as withdrawn vide order dated 19.06.2019
passed in I.A. No. 20291/2018 with liberty to revive the application
after completion of 10 years of actual sentence by the appellant.
Learned counsel for the appellant submitted that the appellant
has completed 10 years of actual sentence and on the said ground the
application for suspension of sentence has been filed. It is further
submitted that there are total six convicts, out of which, four convicts
namely Ramkishan @ Chhotu Lodhi, Abhimanyu @ Abbu, Pankaj
Shukla @ Martand Shukla and Rohini @ Rimp have already been
granted the benefit of suspension of sentence and on bail. One convict
namely Ashok Veer Vikram Singh @ Bhaiya Raja has died during the
pendency of the instant Criminal Appeal.
CRA No. 1871/2020
HIGH COURT OF MADHYA PRADESH
Learned counsel for the appellant produced the copy of the order
dated 08.05.2015 passed in CRA No. 1874/2013 whereby the appellant
Ramkishan @ Chhotu Lodhi has been enlarged on bail by suspending
the sentence.
It is alleged against the present appellant and the other co-
accused persons that they had hatched a conspiracy to commit the
murder of one Vasundhara @ Nishi Bundela. The prosecution case is
based on circumstantial evidence.
Learned counsel for the appellant further submits that there is no
direct evidence against the present appellant. As per the prosecution
case, there is no chain of circumstances completed for commission of
the alleged offence on the part of the appellant. It is further submitted
that the case of the present appellant is identical to the other co-
convicts, namely, Pankaj Shukla and Ram Kishan etc. who have
already been granted bail by this Court by suspending the jail sentence.
Learned Government Advocate for the respondent/State submits
that learned trial Court has discussed on the chain circumstances in
para 124 of the impugned judgment and from which a prima facie case
is made out.
We have considered the facts and evidence of the present case
and upon going through the para 124 of the impugned judgment, there
is no specific finding against the present appellant for connecting him
with the murder of Vasundhara @ Nishi Bundela. The case of the
present appellant is similar to the case of the other co-convict who have
already been granted the benefit of suspension of sentence. We are of
the view that the present appellant is also entitled for suspension of jail
sentence.
Accordingly I.A. No. 13703/2020 stands allowed and disposed
of.
It is directed that the execution of the jail sentence of the
appellant, Bhupendra Singh @ Halke Bhaiya shall remain suspended
during pendency of the present appeal and he be released on bail on his
furnishing a personal bond for a sum of Rs.1,00,000/- (Rs. One Lakh
CRA No. 1871/2020
HIGH COURT OF MADHYA PRADESH
only) with one solvent surety in the like amount to the satisfaction of
the trial Court
The appellant shall now appear before the Registry of this Court
on 21.06.2021, and on such other dates which normally will not be
less than the period of eight months as may be directed to him in this
regard till final disposal of this appeal.
The prison authorities are also requested to ensure compliance
with the order passed by the Supreme Court IN RE: CONTAGION
OF COVID 19VIRUS IN PRISONS in SUO MOTU - W.P. (C)
No.1/2020 and ensure that the applicant be examined by the jail doctor
before their release. If the applicant show symptoms of COVID-19, the
doctor shall forthwith direct him to be produced before the appropriate
hospital designated for the detection and treatment of COVID-19
patients. If the doctor is of the opinion that the applicant is not affected
with the virus, the jail authorities shall ensure his transportation from
the jail till his place of residence.
A typed copy of this order is being forwarded to the Office of the
Advocate General and to Shri Yogendra Das Yaddav, learned
Government Advocate for the respondent, on their respective e-mail
addresses. The Office is requested to forward a copy of this order to the
learned Court below.
List for final hearing in due course.
(VIJAY KUMAR SHUKLA) (RAJENDRA KUMAR SRIVASTAVA)
JUDGE JUDGE
Amitabh
Digitally signed by AMITABH RANJAN
Date: 2021.03.26 18:08:11 +05'30'
