Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 20 February, 2025
1 CRA-571-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 571 of 2025
(BHAGWAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2025
Appellants by Shri Ritu Raj Bhatnagar - Advocate.
Respondent - State of Madhya Pradesh by Shri Virendra Khadav -
Government Advocate appearing on behalf of Advocate General.
Heard on I.A.No.635 of 2025 , first application under Section 389 (1) of
Code of Criminal Procedure, 1973 = 430 (1) of Bharatiya Nagarik Suraksha
Sanhita, 2023 for suspension of remaining jail sentence and grant of bail on
behalf of appellant No.1 Bhagwan Singh S/o Dev Singh , appellant No.2
Dilip Singh S/o Dev Singh and appellant No.3 Kushal Singh S/o Dev Singh .
Vide judgment of conviction and order of sentence dated 24.12.2024
passed in Sessions Trial No.11 of 2023 by learned First Additional Sessions
Judge, Mahidpur, District Ujjain (MP), appellant No.1 Bhagwan Singh
stands convicted under Sections 326 and 325/34 of Indian Penal Code, 1860
as well as under Section 25 of Arms Act, 1959 and sentenced to undergo
rigorous imprisonment for a term of two years with fine of Rs.1,500/-, two
years with fine of Rs.1,500/- and two years with fine of Rs.200/- respectively
with usual default stipulation, whereas other appellants stand convicted
under Sections 325 / 325/34 and 326/34 of Indian Penal Code, 1860 and each
of them has been sentenced to undergo rigorous imprisonment for a term of
two years with fine of Rs.1,500/- with usual default stipulations. Appellant
Kushal S/o Devsingh has also been convicted under Section 323 of IPC and
2 CRA-571-2025
sentenced till rising of the Court with default stipulation.
Learned counsel for the appellants, while taking exception to this
impugned judgment, submits that appellants are innocent and they have been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. A short sentence of two year RI has been imposed on
the appellants, which has already been suspended by the learned trial Court,
which is going to expire on 24.02.2025. There are material contradictions
and omissions in the statement of the witnesses. Impugned judgment suffers
from surmises and conjectures. It is further submitted that the appeal being of
the year 2025 is not likely to be heard finally in near future. There is a strong
case in favour of the appellants. Hence, under such circumstances prayer is
made for suspension of jail sentence and grant of bail.
Per contra, learned counsel 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 appellants.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak, without expressing any
conclusive opinion on merits, I find it to be a fit case to suspend the
remaining custodial sentence of the appellants.
Accordingly, I.A.No.635 of 2025 is allowed. Subject to deposit of fine
3 CRA-571-2025
amount, if not already deposited the remaining jail sentence during the
pendency of the appeal is hereby suspended and it is directed that appellants
be released on bail upon each of them furnishing a personal bond in sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with one local solvent surety of
the like amount to the satisfaction of learned trial Court for their appearance
before the concerned trial Court on 27.03.2025 and on all such subsequent
dates, which are fixed in this regard.
Accordingly, the said IA is disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
