Madhya Pradesh High Court
Vijay Kaushal vs The State Of Madhya Pradesh on 5 February, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-6567-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6567 of 2024
(VIJAY KAUSHAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 05-02-2025
Shri Vivek Singh , learned Senior Advocate for the appellants with
Shri Harshit Tiwari, learned counsel for the appellant.
Shri Sonal Gupta , learned Additional Advocate General for the
respondent/State.
Per Justice Gajendra Singh
I.A no.18244/2024 an application for urgent hearing is allowed and
disposed off.
1. Heard on I.A No.18243/2024 which is first application under
Section 389 of the Cr.P.C. filed on behalf of appellant No. 2 - Shankar for
grant of bail and suspension of remaining jail sentence.
2. The present appellant has been convicted under Section 302 r/w
Section 120-B of the IPC and Section 25 (1-B)(A) of the Arms Act, 1959 for
entering into criminal conspiracy and in pursuance thereof causing murder
of Devendra on 09.06.2014 and sentenced to life imprisonment and two
years R.I to run concurrently and fine with default stipulations in S.T.
No.400206/2015 vide judgment dated by XIth Additional Sessions Judge,
Indore.
3. This application is preferred on the ground that trial Court ignored
the fact that statement of seizure witnesses were recorded after inordinate
delay by the prosecution has been explained. Trial Court committed error in
2 CRA-6567-2024
convicting the appellant only on the basis of drawing un-warranted
interferences.
4. Prosecution has opposed the application by filing the reply on the
ground that the story of prosecution has been duly supported by the
memorandum recorded under Section 27 of the Indian Evidence Act, 1872
i.e Ex.P/25 and vide seizure memo Ex.P/10 blood stained shirt and one
country made pistol has been recovered from the appellant/accused Shankar.
The testimony of Kanhaiyalal (PW-7) & Mahesh (PW-8) shows that
appellant/accused was seen near the place of incident. There is no
explanation under Section 313 of the Cr.P.C regarding seizure of blood
stained clothes and country made pistol. FSL report Ex.P/32 also established
the guilt of the appellant/accused.
Perused the record.
5. As per para 14 of the judgment the whole prosecution case rests
upon circumstantial evidence. The circumstances proved by the prosecution
against the appellant Shankar are that as per Ex.P/11 a jeans pant & shirt, one
desi pistol with cartridge and Rs.30,000/- were recovered on 29.10.2014 and
as per Ex.P/32 blood was found on shirt (L-1) recovered on 29.10.2014 from
appellant/accused Shankar. Trial Court has recorded the finding in para 24 of
the judgment that there is no credible evidence on the record that indicates
any conspiracy among the accused Vineet and the rest of the accused. So, it
is not proved beyond reasonable doubt that the accused Vineet provided the
accused Vishal Kale with money for killing the deceased, and later the
accused Vishal Kale hired the accused Shankar and Vijay Kaushal.
3 CRA-6567-2024
6. Considering the above circumstances, without commenting on the
merits of the case, this Court is of the considered opinion that the application
for suspension of remaining jail sentence filed on behalf of the appellant
deserves to be allowed.
7. Accordingly, I.A No.18243/2024 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 appellant No. 2 - Shankar be
released on bail subject to his 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 him to appear
before the Registry of this Court on 20/05/2025 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.
(SUSHRUT ARVIND DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
akanksha
