Madhya Pradesh High Court
Virendra Singh vs The State Of Madhya Pradesh on 4 April, 2025
Author: Vivek Rusia
Bench: Vivek Rusia
1 CRA-910-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 910 of 2024
(VIRENDRA SINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 04-04-2025
Shri Virendra Sharma - Senior Counsel with Shri Shivnarayan - Advocate
on behalf of Shri Jitendra Sharma - Advocate.
Shri H.S.Rathore - Government Advocate for the respondents State.
Heard on I.A.No.3520/2025, second application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita for suspension of remaining jail sentence and
grant of bail on behalf to appellant Virendra Singh S/o Ranjit Singh Rajput arising
out of judgment dated 28/12/2023 delivered in S.T.No.385/2020 by VII
Additional Sessions Judge, District Ujjain (M.P.).
The appellant stands convicted under Section 449 r/w 120-B and 302 r/w
120-B of Indian Penal Code, 1860 and sentenced to undergo 10 years RI with fine
of Rs.2,000/- and Life Imprisonment with fine of Rs.3,000/-, respectively with
usual default stipulations.
As per prosecution story, on 08/08/2020 at about 08:45 am informant
Abhijeet Singh Rajput informed the Sub Inspector N. S. Kanesh posted at Police
Station Chintaman Ganesh, Ujjain that his younger brother Tikamsingh, who was
residing with his wife and two sons in Village Aaksoda has been murdered by
some unknown miscreants. Wife of Tikamsingh (co-accused) informed that
Rs.35,000/- in cash, one gold necklace, one pair of silver anklet, earnings and CD
Deluxe Motorcycle has been looted. The offence was registered at Crime
No.20/2020 under Section 302, 449 and 460 of IPC.
Learned counsel for the appellant while taking exception to this impugned
judgment submits that appellant is innocent and he has been falsely implicated in
2 CRA-910-2024
this matter. Impugned judgment of conviction and order of sentence is based on
circumstantial evidence. Chain of circumstances is not complete. No clinching
evidence to connect the appellant with the alleged crime is on record. He has been
arraigned only on the basis of disclosure statement and one blood stained laathi
has been allegedly seized from him. Impugned judgment suffers from serious
infirmities, contradictions and omissions, which have been ignored by the learned
trial Court.
Learned counsel further submits that vide order dated 21.08.2024, this Court
along with the application for suspension of sentence of the present appellant the
suspension of sentence of Ishwar Singh in Criminal Appeal No. 978 of 2024 was
also rejected. Ishwar Singh approached the Apex Court by way of SLP (Crl.) No.
13511 of 2024. Vide order dated 28.02.2025, Apex Court granted suspension of
sentence, therefore this repeat application is filed.
Per contra, learned counsel for the State supporting the impugned judgment
submitted that most of the injuries found on the body of the deceased have been
caused by hard and blunt object. Information given in the disclosure statement has
resulted in recovery of blood stained laathi, which is proved by the prosecution
witnesses. On these contentions, he prays for dismissal of the application for
suspension of sentence and grant of bail.
Heard learned counsel for the parties and perused the record.
This Court is of the considered view that no opinion of Serologist as to the
origin of blood found on the laathi allegedly recovered from the appellant. Vide
order dated 28.02.2025, Apex Court granted suspension of sentence. The order is
reproduced hereunder :-
"Leave granted.
3 CRA-910-2024
In terms of the signed order, the appellant, Ishwar Singh,
should be released on bail/suspension of sentence during the
pendency of the appeal before the High Court of Madhya
Pradesh, on terms and conditions to be fixed by the trial
Court.
The appeal is allowed in terms of the signed order.
Pending application (s), if any, shall stand disposed of."
Considering the totality of the circumstances proved against the appellant
Virender Singh, without commenting on the merits of the case and that final
conclusion of this appeal will take considerable time, we deem it appropriate to
suspend the remaining jail sentence of the appellant.
Accordingly, I.A.No.3520/2025, is allowed and the execution of remaining
jail sentence of the appellant is hereby suspended till the final disposal of this
appeal. It is directed that the appellant - Virender Singh be released on bail subject
to depositing the fine amount, if not already deposited and upon furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one
solvent surety of the like amount to the satisfaction of the trial Court, with a further
direction to appear before the Registry of this Court on 04.08.2025 and on such
other dates, as may be fixed by the Registry of this Court in this regard during the
pendency of this appeal.
List for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA) (GAJENDRA SINGH)
JUDGE JUDGE
rashmi
