Madhya Pradesh High Court
Vikky @ Vikram Singh vs The State Of Madhya Pradesh on 4 March, 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 : 04-03-2025
Shri Sankalp Sharma - Advocate for the appellant.
Shri Vijay Sundaram - Public Prosecutor for the respondent/State.
Heard on I.A. No.310/2025, second repeat application under Section
430 (1) of BNSS filed on behalf of appellant No.4 - Jeetu @ Jitendra Singh
Tomar for suspension of sentence and grant of bail.
2. Appellant stands convicted for the offence punishable under Section
148 of IPC and sentenced to undergo 1 year's R.I. with fine of Rs.500/-,
Section 302 r/w Section 149 of IPC and sentenced to undergo life
imprisonment with fine of Rs.5000/-, Section 307 r/w Section 149 and
sentenced to undergo 7 years' R.I. with fine of Rs.1000/- and Section 25
(1B) (a) of Arms Act and sentenced to undergo 2 years' R.I. with fine of
Rs.1,000/- with default stipulations vide judgment of conviction and order of
sentence dated 16.09.2022 passed by Second Additional Sessions Joura,
District Morena in Sessions Case No.82/2018.
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 seven years' 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
2 CRA-9423-2022
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
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 (P.W.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. 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
judgment.
3 CRA-9423-2022
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.4 - Jeetu @ Jitendra Singh 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 21.04.2025 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.310/2025 stands disposed of.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
SP
