Madhya Pradesh High Court
Updesh Singh Bhadoriya vs The State Of Madhya Pradesh Thr on 28 February, 2024
Author: Rohit Arya
Bench: Rohit Arya
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 365 of 2015
(UPDESH SINGH BHADORIYA Vs THE STATE OF MADHYA PRADESH THR)
Dated : 28-02-2024
Shri R.K. Sharma- Senior Advocate with Shri V.K. Agrawal Advocate
for the appellant.
Shri A.K. Nirankari - Public Prosecutor for respondent/State.
Heard on IA.23595 of 2023, eighth repeat application under Section
389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of
appellant - Updesh Singh Bhadoriya. His earlier application (Sixth Repeat
Application- IA. 7630 of 2023 preferred on merits) was dismissed as withdrawn
vide order dated 14.06.2023 with liberty to revive prayer after six months.
Present appellant stood convicted under Section 302 read with Section
34 IPC and sentenced to undergo imprisonment for life with a fine of
Rs.10,000/- with default stipulation vide judgment of conviction and order of
sentence dated 10.04.2015 passed by Sessions Judge, Bhind (M.P.) in Sessions
Trial No.329 of 2014.
Present appellant so far has suffered incarceration of nine years and
seven months, as transpired during the course of hearing.
As per prosecution story, Veerpal Singh reported at Police Station Gormi
to the effect that on 09.07.2014 there took place religious function (Ramayan) in
his village where between his elder brother Jagdish Singh and accused/appellant
- Updesh Singh had altercation in shape of hurling abuses. In the morning on
the date on which Veerpal Singh reported the matter to the Police Station,
appellant Updesh Singh Bhadoriya on motorcycle came to his elder brother
Jagdish Singh and started hurling abuses on which villagers appeased him and
got him away therefrom. At about 07:30, Updesh Singh wielding Katta (country-
made pistol), his brother Naresh Singh gun, Ravindra Singh Farsa and Chhotu
wielding stick (lathi) came to the house of his brother Jagdish Singh and started
hurling abuses. As soon as his elder brother Jagdish Singh came out of the
house, accused/appellant Updesh Singh, with an intention to kill, fired on him,
bullet of which hit left ribs of his brother due to which he fell down on the
ground. Then Naresh Singh fired in the air and all four fled away towards home.
Incident had been witnessed by Prahlad Singh, Balkishan and Gore Singh. On
the basis of such report, FIR was lodged. After registration of FIR,
investigation was set in motion. Jagdish Singh succumbed to the injury
sustained by him. Upon completion of investigation including recording of
statements, collection of evidence and necessary formalities, challan was filed
before the JMFC, Mehgaon, District Bhind (M.P.) from where the case was
committed to the Sessions Court. The Sessions Court, on appreciation of
evidence placed on record, convicted and sentenced the present appellant, as
aforesaid.
Shri Sharma, learned Senior Counsel appearing on behalf of the
appellant, while taking exception to the impugned judgment of conviction and
order of sentence submits that the present appellant has falsely been implicated.
However, he confined his argument to the extent of long incarceration suffered
by the present appellant i.e. nine years and seven months. It is further submitted
that the appeal being of 2015 is not likely to be decided early in the near future.
On these grounds, learned Senior Counsel submits that the present appellant
may be extended the benefit of suspension of sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Upon hearing learned counsel for the parties, though this Court is not
inclined to extend the benefit of suspension of sentence and grant of bail to the
present appellant on merits, however, regard being had to the only fact that
present appellant so far has undergone incarceration of nine years and seven
months, appellant's earlier application (Sixth Repeat Application- IA. 7630 of
2023 preferred on merits) was dismissed as withdrawn vide order dated
14.06.2023 with liberty to revive prayer after six months and the appeal which is
of the year 2015 is not likely to be decided in the near future, we are of the view
that present appellant is entitled to the benefit of suspension of sentence and
grant of bail.
Accordingly, IA.23595 of 2023 stands allowed and it is directed that the
jail sentence of present appellant shall remain suspended during pendency of the
present appeal and he shall be released on bail subject to verification of the
factum of depositing the fine amount and on his furnishing a personal bond in
the sum of Rs.2,00,000/- (Rupees Two Lacs only) with one solvent surety in
the like amount to the satisfaction of the Trial Court.
Appellant- Updesh Singh Bhadoriya is directed to appear before the
Registry of this Court first on 29.05.2024 and on other subsequent dates as
may be fixed in this behalf.
Accordingly, the said IA stands allowed and disposed of.
Observations on facts, if any, are only for the purpose of deciding the
instant I.A. and shall have no bearing on the merits of the appeal.
Certified copy as per rules.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
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