Madhya Pradesh High Court
Gopi Singh vs The State Of Madhya Pradesh on 29 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3557 of 2023
(GULAB @ BALI SINGH Vs THE STATE OF MADHYA PRADESH)
CRA/04106/2023, CRA/05042/2023
Dated : 29-08-2023
Shri Madan Singh - Advocate for appellant in CRA No.3557 of 2023.
Shri Naim Khan - Advocate for appellant in CRA No.4106 of 2023.
Shri Anshul Tiwari - Advocate for appellant in CRA No.5042 of 2023.
Shri A. S. Baghel - Public Prosecutor for respondent/State.
IA No.7109 of 2023 is filed by the accused - Gulab @ Bali Singh, IA
No.6438 of 2023 is filed by the accused - Hemlata Lodhi, I.A. No.7802 of 2023
is filed by the accused - Shivdas Raikwar for suspension of sentence and grant
of bail.
2. We have heard learned counsels for the same.
3. The case of the prosecution is that on 04.02.2016 at about 06:00 PM,
when the complainant and another went to the temple, he saw the deceased
Bhagchand Patel and Hiralal were doing cleaning of temple and at that time they
noticed a white Bolero car entered in the temple premises carrying four
unknown persons. Hiralal querried regarding their residence. Thereafter two
persons came outside from the vehicle and asked for the key of temple from
the deceased. When the deceased refused to give the same, they shot through a
gun and caused injuries. Based on the complaint, the case was registered against
the five accused for the offence punishable under Sections 395, 396, 302 read
with 34, 397 and 201 of the IPC and Section 25/27 of the Arms Act.
4. On trial, the accused - Gulab Singh was convicted under Section 396 of
the IPC and sentenced to undergo rigorous imprisonment for life and a fine of
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/31/2023
12:06:38 PM
Rs.5000/-, under Section 201 of the IPC and sentenced to undergo rigorous
imprisonment for 3 years and a fine of Rs.1000/- and under Section 27 of the
Arms Act and sentenced to undergo rigorous imprisonment for 10 years and a
fine of Rs.2000/- with default stipulation as mentioned in the impugned
judgment.
5. The accused - Hemlata Lodhi was convicted under Section 396 of the
IPC and sentenced to undergo rigorous imprisonment for life and a fine of
Rs.5000/- with default stipulation as mentioned in the impugned judgment.
6. The accused - Shivdas Raikwar was convicted under Section 396 of the
IPC and sentenced to undergo rigorous imprisonment for life and a fine of
Rs.5000/- and under Section 201 of the IPC and sentenced to undergo rigorous
imprisonment for 3 years and a fine of Rs.1000/- with default stipulation as
mentioned in the impugned judgment.
7. The instant applications have been filed for suspension of sentence and
grant of bail.
8. So far as the accused Gulab Singh is concerned, the recovery of the gun
was made at his behest in terms of Panchnama vide Exhibit P-38 which would
indicate that the recovery was made from him. The evidence would also indicate
that the death was caused due to a gun shot injury from the gun belonging to
this particular accused. There is sufficient material to indicate the same.
Therefore, we do not find it a fit case for grant of bail so far as this accused is
concerned.
9. So far as accused Hemlata Lodhi and Shivdas Raikwar are concerned,
the evidence of PW-3 is quite clear and cogent. He has narrated the exact
manner in which the offence has taken place. He has identified these accused
along with other accused also. We do not find anything worthwhile in the cross-
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/31/2023
12:06:38 PM
examination that could defy such a statement made. It is further relevant to
notice that Hemlata (accused No.4) is the wife of accused No.1 Gopi Singh.
Hence, we are of the view that there is no ground to enlarge them on bail.
10. Furthermore, the test identification parade was conducted on
07.04.2016 wherein Gopi Singh and Shivdas were identified in terms of Exhibit
P-9. Yet another test identification parade in terms of Exhibit P-10 was
conducted on 31.03.2016 with reference to Hemlata Lodhi and other persons. It
also clearly indicates the identification of Hemlata, Gopi Singh and Shivdas
Raikawar.
11. Hence, on these grounds, we do not find that it is a fit case where the
aforesaid three accused Gulab Singh, Hemlata Lodhi and Shivdas Raikwar are
entitled for release on bail.
12. Hence, IA Nos.7109 of 2023, IA No.6438 of 2023 and I.A. No.7802 of
2023 are dismissed.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
vibha
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 8/31/2023
12:06:38 PM
