Madhya Pradesh High Court
Millu @ Milap Singh vs The State Of Madhya Pradesh on 18 August, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-13814-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 13814 of 2023
(MILLU @ MILAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-08-2025
Ms. Nikita Jain - Advocate for the appellants.
Shri B.P.S. Chauhan - Public Prosecutor for the respondent/ State.
1 . Heard on I.A.No.15347/2025, second repeat application under
Section 389(1) of Cr.P.C. filed on behalf of appellant No.2-Vijay @ Vijay
Bahadur for suspension of sentence and grant of bail.
2. This criminal appeal assails the judgment dated 28.08.2023 passed
by Second Additional Sessions Judge, District Bhind (M.P.) in ST
No.94/2018; whereby, present appellant has been convicted and sentenced as
under:-
Section Imprisonment Fine Default in lieu
147 IPC 01 Year RI 2,000/- 15 days RI
148 IPC 02 Years' RI 2,000/- 15 days RI
302/149 of IPC (two counts) Life Imprisonment 5,000/- 02 years' RI
307/149 of IPC 07 Years' RI 5,000/- 02 years' RI
506-B IPC 01 Year RI 2,000/- 15 days' RI
25(1-B) of Arms Act 01 Year RI 1,000/- 15 days' RI
4 . It is the submission of counsel for present appellant No.2 that the trial
Court erred in convicting and awarding jail sentence to present appellant.
Appellant No.2 so far suffered around 07 years and 08 months' of
incarceration as pre and post trial confinement as submitted. His role is
confined to presence only and no specific role regarding gun shot injury is
attributable over present appellant. It is further submitted that co-accused Brij
2 CRA-13814-2023
Mohan @ Gunthe, Puneet, Kallu @ Brijesh, Millu @ Arvind and Kalyan @
Kalli have already been enlarged on bail by this Court and case of present
appellant No.2 stands at better footings and he seeks parity. Besides that,
appeal is of the year 2023 and final hearing shall take some time and
appellant No.2 has a good case on merits. Appellant No.2 undertakes to
abide by all terms and conditions as imposed by this Court. Under such
circumstances, learned counsel prays for suspension of sentence and grant of
bail to the present appellant No.2.
5 . Per contra, learned counsel for the respondent/State opposed the
prayer and prayed for dismissal of the application.
6. Heard learned counsel for the parties and record perused.
7. Considering the submissions advanced, in the facts and
circumstances of the case and looking to the fact that co-accused Brij Mohan
@ Gunthe, Puneet, Kallu @ Brijesh, Millu @ Arvind and Kalyan @ Kalli
have already been enlarged on bail by this Court, but without commenting
on the merits of the case, I.A.No.15347/2025 filed on behalf of appellant
No.2 stands allowed and it is directed that the jail sentence of present
appellant No.2 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 personal bond in the sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the
like amount to the satisfaction of the Trial Court concerned. The appellant
No.2 is directed to appear before the Registry of this Court first on
26/09/2025 and on other subsequent dates as may be fixed in this behalf.
3 CRA-13814-2023
8. Present appellant No.2 shall not be source of embarrassment and
harassment to the complainant/victim side in any manner and he shall not
move in their vicinity; otherwise, benefit of bail given today by way of
suspension of sentence shall be withdrawn immediately.
9. Present appellant No.2 shall mark his presence before concerned
Police Station on first Sunday of every month between 10:30 am to 2:00 pm
for the next one year i.e. till July, 2026.
10. Accordingly, the application stands disposed of.
11. Observations on facts, if any, are only for the purpose of deciding
the instant IA and shall have no bearing on the merits of the appeal.
1 2 . Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
(ANAND PATHAK) (PUSHPENDRA YADAV)
JUDGE JUDGE
VC
