Madhya Pradesh High Court
Brijendra @ Bhura @ Vijay Singh ... vs The State Of Madhya Pradesh on 2 May, 2022
Author: Rohit Arya
1
The High Court of Madhya Pradesh
Cr.A.No.7686/2019
Brijendra @ Bhura @ Vijay Singh Baghel Vs. State of M.P.
Gwalior dated 02.05.2022
Shri Sanjay Gupta, learned counsel for the appellant.
Shri Rajesh Shukla, learned Dy. Advocate General, for
respondent/State.
Per Justice Deepak Kumar Agarwal:
IA.No.5226/22, 3rd application u/Sec. 389(1) of Cr.P.C. for
suspension of sentence and grant of bail filed on behalf of appellant -
Brijendra @ Bhura @ Vijay Singh Baghel.
Prosecution case in brief is that on 18.12.2011 complainant
Ramesh gave an information to police Station, Gormi, Distt. Bhind that
a dead-body of a male is lying in the field of mustard. Merg
No.40/2011 under Section 174 of Cr.P.C. was recorded. Merg was
enquired. Dead-body was identified as of Rambabu by Shankar Singh,
Vakeel Singh, Bhure Khan. After Merg enquiry, offence under Sections
302 and 201 of IPC was registered at crime No.254/2011. During
investigation, statements of the witnesses were recorded. At the behest
of appellant/accused one Qualis vehicle and one mobile were seized.
He was arrested. After investigation, charge-sheet has been filed
against appellant and three others. After trial, learned trial Court
convicted the appellant under Sections 302, 394, 201 of IPC and
sentenced him to undergo life imprisonment with fine of Rs.5,000/-, 10
years RI with fine of Rs.3,000, 3 years RI with fine of Rs.2,000/-
respectively.
It is submitted by learned counsel for the appellant that present
The High Court of Madhya Pradesh
Cr.A.No.7686/2019
case is based on circumstantial evidence. Appellant has been implicated
in the crime on the basis of his memorandum and seizure. Deceased
Rambabu was driver of Wahid Khan (PW-6). As per statement of
Wahid Khan, deceased Rambabu was going along with four persons
towards Bhind, out of them one person was Pappu Yadav. It is true that
L.P.Chanderiya (PW-10), the then SHO, has stated that at the behest of
appellant, he seized, country-made pistol, key of Qualis vehicle and
mobile, but the witnesses of memorandum and seizure Shafi Ahmad
(PW-4) and Munnawar Khan (PW-3) have not supported the
prosecution case and declared hostile. During trial, appellant remained
in custody from 16.01.2012 to 07.07.2012 and 17.7.2019 to 18.7.2019
and thereafter from the date of judgment i.e. 18.7.2019 till today. He
has a good case on merits. Final hearing of the appeal will take time.
Co-accused Dharmendra @ Monu Sharma has been granted suspenion
of sentence in Criminal Appeal No.6872/2019 dated 25.03.2022. On
such premises, learned counsel for the appellant prayed for bail.
Learned counsel for the State opposed the application and prayed
for its rejection.
Looking to the facts and circumstances of the case, but without
commenting anything on the merits of the case, IA.No..5226/22 is
allowed and it is directed that jail sentence of appellant will remain
under suspension subject to verification that the amount of fine has
been deposited, on appellant's furnishing bail bond of Rs.50,000/-
The High Court of Madhya Pradesh
Cr.A.No.7686/2019
(Rupees Fifty Thousand Only) with one solvent surety of the like
amount to the satisfaction of concerned Trial Court for his appearance
before the Principal Registrar of this Court on 5th September, 2022
and thereafter on such further dates as may be fixed by the office of this
Court in this regard till disposal of the appeal.
C.c. as per rules.
(Rohit Arya) (Deepak Kumar Agarwal)
Judge Judge
mani
SUBASRI MANI
2022.05.04
12:21:05 -07'00'
