Madhya Pradesh High Court
Brijesh Kumar Singh @ B K vs The State Of Madhya Pradesh on 4 April, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-2414-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 2414 of 2015
(BRIJESH KUMAR SINGH @ B K Vs THE STATE OF MADHYA PRADESH )
Dated : 04-04-2025
Shri Santosh Kumar Singh - Advocate for the appellant.
Shri Yash Soni - Deputy Advocate General for the respondent-State.
Heard on I.A. No.7866/2025, an application under Section 389(1) of the
Cr.P.C./Section 430 of B.N.S.S., 2023 for suspension of sentence and grant of bail
to appellant Brijesh Kumar Singh @ B.K. S/o Shri Raj Bahadur Singh Sonvanshi.
This is second application for suspension of sentence and grant of bail to
appellant Brajesh Kumar Singh @ B.K., whereas first application was dismissed
on 22.01.2016.
The appellant is aggrieved of the judgment dated 11.08.2025 passed by the
learned First Additional Sessions Judge, Sidhi (M.P.) in S.T. No.176/2010,
whereby the appellant stands convicted for offence under Sections 302/34 and
201/34 of IPC and sentenced to undergo life imprisonment (fine of Rs.20,000/-)
and R.I. for 5 years (fine of Rs.2,000/-) with default stipulation of R.I. for 6
months and 3 months, respectively.
It is submitted by Shri Santosh Kumar Singh, learned counsel for the
appellant that when the first application was considered on 22.01.2016, statements
of Tirath Patel was taken into consideration, who had stated that accused persons
came to the house of the deceased and took him and, thereafter, connecting the
seizure of instrument used for cutting electric wire from the appellant, application
for suspension of sentence and grant of bail was rejected.
It is further submitted that the appellant remained in custody during trial
2 CRA-2414-2015
from 09.09.2009 to 09.11.2010 and, thereafter, he is in custody from the date of
the judgment i.e. 11.08.2015. He has suffered incarceration for over 10 years. It is
submitted that PW-2 mother of the deceased is a hearsay witness. She has stated
that Vyastbahadur Singh had taken her son for some work. Thereafter, she has
stated that at night at about 10 PM, she had gone to call her son Ramniwas, when
she had found him in the company of Vyastbahadur, Devendra Kumar Singh @
Manoj, Brijesh Singh and Rajesh Singh. Thereafter, she had received intimation in
the next morning that her son was found dead. It is submitted that it is a case of
electrocution.
Reading from the evidence of PW-11 Dr. S.A. Khan, it is pointed out that
Dr. S.A. Khan had admitted in paragraph 23 of his cross-examination that
Investigating officer of the case in the query report (Ex.P-16) had made a specific
query vide Question No.4 in relation to injuries No.2, 3, 4 and 5 and he had not
mentioned as to whether these injuries were simple or grievous in nature. It is
submitted that in paragraph 24 this doctor has categorically stated that the injury
No.2 which was a penetrating wound in the chest was life threatening and other
injuries were simple in nature. Thus, it is submitted that there are good chances of
success in this appeal. Hence, prayer is made to suspend the remaining jail
sentence of the appellant and to release him on bail.
Shri Yash Soni, learned Deputy Advocate General for the respondent-State,
in his turn, opposes the prayer for suspension of sentence and grant of bail.
After hearing learned counsel for the parties and going through the record
so also the fact that the appeal is going to take time for its disposal, without
commenting on the merits of the case, we are of the considered opinion that this is
a fit case to suspend the remaining jail sentence of the appellant and to release him
on bail. I.A.No.7866/2025 is accordingly allowed.
3 CRA-2414-2015
It is directed that on depositing the fine amount, if not already deposited
and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties each in the like amount to the
satisfaction of the Trial Court for his appearance before the Trial Court on
26.06.2025 and such other dates as may be fixed by the Trial Court, which shall
not be more than two times in a year, the execution of remaining part of the jail
sentence imposed upon appellant Brijesh Kumar Singh @ B.K. shall remain
suspended and he shall be released on bail till final disposal of this appeal.
I.A.No.7866/2025 is allowed & disposed of.
Let this case listed for final hearing in Part-B of the cause list as per its turn
and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
pp
