Madhya Pradesh High Court
Vikky @ Vikram Singh vs The State Of Madhya Pradesh on 23 June, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-9423-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 9423 of 2022
(VIKKY @ VIKRAM SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 23-06-2025
Shri Sankalp Sharma, learned counsel for the appellant.
Shri D.S.Kushwaha, learned Anand
Heard on I.A. No.8957/2025, second repeat application under Section
430 (1) of BNSS filed on behalf of appellant No.2 - Ravi Tomar for
suspension of sentence and grant of bail.
2. Appellant stands convicted vide judgment of conviction and order
of sentence dated 16.09.2022 passed by Second Additional Session Judge
Joura, District Morena in Sessions Case No.165/2017.as under:-
Section Imprisonment Fine
148 of IPC 1 Year Rs.500/- with default stipulation
302 r/w 149 of IPC L.I. Rs.500/- with default stipulation
307 r/w 149 of IPC 7 Years Rs.1000/- with default stipulation
25 (1-B) A of Arms Act 2 Years Rs.1000/- with default stipulation
3. It is the submission of learned counsel for the appellant that the trial
Court erred in convicting the appellant and awarding jail sentence to him.
Appellant already suffered eight years and one month's of incarceration as
pre and post trial confinement. It is further submitted that case suffers from
severe contradictions and omissions which were being overlooked by the
trial Court. The incident was occurred on 10.3.2017 at around 4:00 pm and
injured -Raghuraj Singh was taken to hospital next day on 11.3.2017 at
around 11:55 am where he refers the fact that some unknown persons have
Signature Not Verified
Signed by: ASHISH
CHAURASIA
Signing time: 6/23/2025
6:18:53 PM
2 CRA-9423-2022
inflicted injuries to him and other injured including Rajveer (deceased).
However, later on, name of appellant incorporated at stage of statement
under Section 161 of Cr.P.C. recorded later on in respect of some other
witnesses.
4. It is further submitted that injured witness Raghuraj (P.W.1) when
reached hospital for MLC, there he narrated the incident to the doctor by
referring that some unknown persons have caused injuries to him and
deceased. This aspect was clarified from Dr. Nitin Kumar Kaushik (PW-23),
who specifically admitted that at the time of treatment/MLC injured
Raghuraj narrated the story and referred unknown persons. Later on
statement under Section 161 of Cr.P.C. was taken by the prosecution, in
which name of appellant was referred. Even the ballistic report was
inconclusive. Therefore, sufficient contradictions and omissions exist and the
prosecution did not prove the case beyond reasonable doubt. Counsel for the
appellant referred the order dated 04.03.2025 passed in the present appeal
whereby co-accused Jeetu @ Jitendra Singh Tomar has been granted benefit
of suspension of sentence; he seeks parity. It is further submitted that this is
the appeal of 2022 and final hearing of the appeal shall take considerable
long time. Present appellant has a good case on merits. 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.
5. Learned counsel for the respondent/State opposed the prayer and
prayed for dismissal of the application and supported the impugned
3 CRA-9423-2022
judgment.
6. Considering the submission advanced and in the facts and
circumstances of the case, this Court intends to grant the benefit of
suspension of remaining jail sentence to the present appellant. Accordingly,
the application stands allowed. The execution of remaining jail sentence of
appellant No.2 - Ravi Tomar is hereby suspended, and it is ordered that
appellant shall be released on bail upon his 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 subject to depositing the
fine amount (if not already deposited) with a further direction to appear
before the Registry of this Court on 08-09-2025 and also on such other dates,
as may be fixed by the Registry of this Court in this regard during pendency
of this appeal.
7. I.A. No.8957/2025 stands disposed of.
8. Certified copy as per rules.
(ANAND PATHAK) (ASHISH SHROTI)
JUDGE JUDGE
Ashish*
