Madhya Pradesh High Court
Sarnam Singh Baghel vs The State Of Madhya Pradesh on 15 July, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-116-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 116 of 2025
(SARNAM SINGH BAGHEL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 15-07-2025
Shri Abhishek Tiwari and Ms. Priyanka Chauhan- Advocate for
appellant.
Shri Vijay Sundaram- Public Prosecutor for respondent/State.
Shri Pramod Pachori- Advocate for complainant.
Heard on admission.
Record perused.
Appeal is admitted for final hearing.
Heard on I.A.No.10469/2025, an application under Section 430 (1) of
BNS, 2023 on behalf of appellant - Mahesh Singh Bhaghel for suspension of
sentence and grant of bail.
2. This criminal appeal assails the judgment dated 18.12.2024 passed
by First Additional Sessions Judge, Seondha, District Datia (M.P.) in ST
No.42/2020; whereby, present appellant has been convicted and sentenced as
under :-
Section Imprisonment Fine
323/34 of IPC 06 months' R.I. Rs.500/- with default stipulation.
302/34 of IPC Life Imprisonment Rs.2,000/- with default stipulation
3 . It is the submission of counsel for present appellant that the trial
Court erred in convicting and awarding jail sentence to appellant. It is further
submitted that appellant has suffered around one year of incarceration as pre
2 CRA-116-2025
and post trial confinement. It is submitted by learned counsel for appellant
that date of incident is 02.01.2020. Infact no premeditated mind existed or
common intention was shared by the appellant and other co-accused to harm
deceased Maya Devi. At the spur of moment heated exchange allegedly
culminated into such offence. It is not the case that offence under Section 302
of IPC is made out, therefore, trial Court erred in convicting the appellant
under this section. Deceased succumbed to injuries after 32 days of incident
i.e. on 04.02.2020. Between the period 2nd of January till 17th of January
she was hospitalized and while her treatment was going on, she was taken
back to home by the complainant, which resulted into death of Maya Devi.
No direct connection exists in respect of commission of offence and death of
deceased Maya Devi. Final hearing of the appeal shall take some time and he
has a good case on merits. Infact he is ready to advance arguments finally.
He 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.
4. Per contra, learned counsel for the respondent/State opposed the
prayer.
5. Counsel for complainant also opposed the prayer and submitted that
he is ready to advance arguments finally on next date of hearing.
6. Heard learned counsel for the parties and record perused.
7. Considering the submissions advanced and overall facts and
circumstances of the case, but without commenting on the merits of the case,
I.A.No.10469/2025 filed on behalf of appellant- Mahesh Singh
3 CRA-116-2025
Bhaghel stands allowed and it is directed that the jail sentence of present
appellant 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 is
directed to appear before the Registry of this Court first on 15/10/2025 and
on other subsequent dates as may be fixed in this behalf.
8 . Present appellant 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. Accordingly, the application stands disposed of.
10. Observations on facts, if any, are only for the purpose of deciding
the instant I.A. and shall have no bearing on the merits of the appeal.
11. At the joint request of parties, matter be placed in next week at
item No.1
12. Copy of this order be sent to the trial Court concerned for
information and necessary compliance.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
ar
