Madhya Pradesh High Court
Pushpedra Singh Bundeal vs The State Of Madhya Pradesh on 24 January, 2025
1 CRA-5765-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5765 of 2020
(PUSHPEDRA SINGH BUNDEAL Vs THE STATE OF MADHYA PRADESH )
Dated : 24-01-2025
Shri Chandrapal Singh Parmar - Advocate with Shri Shri Devendra
Singh Baghel - Advocate for the appellant.
Shri Akhilendra Singh - Government Advocate for the
respondent/State.
I.A. No.8801/2024 is taken up, which is second application for grant
of suspension of remaining jail sentence filed under Section 389(1) of
Cr.P.C. on behalf of appellant - Pushpendra Singh Bundela.
The earlier application filed by the appellant was dismissed as
withdrawn by order dated 04.11.2022 without being considered on merits.
The present criminal appeal is preferred assailing judgment dated
24.09.2020 passed in S.T. No.132/2018 by 2nd Additional Sessions Judge,
Bijawar, District Chhatarpur (MP), whereby the appellant and other co-
accused persons have been convicted under Sections 364-A r/w Section 120-
B, 302 r/w Section 120-B and 201 of IPC and sentenced to undergo life
imprisonment and fine of Rs.5000/- with default stipulations.
Learned counsel for the appellant submits that all other co-accused
persons have been extended the benefit of grant of suspension of remaining
jail sentences. He further submits that the allegations against the present
appellant is that he made a call by the mobile phone of co-accused Kallu to
the wife of the deceased and made a demand of ransom. The counsel for the
2 CRA-5765-2020
appellant has pointed out from the statement of DW-2- Sunita Kushwaha that
call was made by one Thakur and she was not knowing the name of person
who has made the call for demand of ransom. He further submits that there is
no direct evidence available in the case and the appellant has been convicted
on the basis of circumstantial evidence. He further submits that present
appellant is in custody since 07.05.2018 and there are fair chances to get
success in the appeal. He further submits that the evidence against the
appellant is weak and shaky. Learned Sessions Court has not appreciated the
evidence properly. He further submits that the earlier application was
withdrawn as the applications moved on behalf of other co-accused persons
were already dismissed. Now all other accused persons have been released
on bail, therefore, this second application has been moved. He prays for
consideration of the case on merits.
Learned Government Advocate appearing on behalf of
respondent/State has vehemently opposed the prayer of the appellant and
submits that sufficient evidence is available against the present appellant. All
other co-accused persons have been granted bail on the ground that none of
them made any call for demand of ransom and the allegation of calling the
wife of the deceased is upon the present appellant and therefore, the case of
appellant is not similar to the case of other co-accused persons. He further
submits that the earlier application has already been dismissed as withdrawn
and no case for grant of suspension of jail sentence is made out.
After considering the fact that all other co-accused persons have
already been enlarged on bail, the allegation against the present appellant is
3 CRA-5765-2020
that he made a call demanding the ransom from the wife of the deceased, the
wife of the deceased made a statement that one Thakur called her for making
the demand of ransom and the case is based on circumstantial evidence,
without commenting on the merits of the case and considering the fact that
the appeal will take sufficient time in coming to an end, the application
moved on behalf of the appellant for grant of suspension of remaining jail
sentence, I.A. No.8801/2024 is allowed.
Accordingly, it is directed that the remaining jail sentence of appellant
- Pushepndra Singh Bundela will remain suspended, subject to deposition of
fine amount and on his furnishing a bail bond of Rs.50,000/- with two
solvent sureties of Rs.25,000/- each to the satisfaction of the trial Court for
his appearance before the trial Court on 03.03.2025 and on such further dates
as may be fixed by the trial Court in this regard.
With the aforesaid, I.A. No.8801/2024 is disposed of.
List this matter for final hearing in due course.
Copy of this order be forwarded to the Sessions Court for compliance.
C.C. as per rules.
(VINAY SARAF) (PRAMOD KUMAR AGRAWAL)
JUDGE JUDGE
irfan
