Madhya Pradesh High Court
Vijay Kaushal vs The State Of Madhya Pradesh on 27 March, 2025
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-6567-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 6567 of 2024
(VIJAY KAUSHAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 27-03-2025
Shri Vivek Singh, Senior Advocate with Shri Rajesh Yadav, counsel
for the appellants.
Shri Bhuwan Gautam, G.A. for State.
Heard on I.A No.3970/2025 which is first application under Section
430 of BNSS filed on behalf of appellant No.1-Vijay Kaushal for grant of
bail and suspension of remaining jail sentence.
2. The present appellant has been convicted under Section 302/120-B
of the IPC and and sentenced to life imprisonment with fine of Rs. 5000/-
with default stipulation.
3. This application is preferred on the ground that trial Court ignored
the fact that statement of seizure witnesses were recorded after inordinate
delay of 3 to 4 months for which prosecution has not expressed any reason.
Trial Court committed error in convicting the appellant only on the basis of
drawing un-warranted interferences. It is further submitted in similar
circumstances, co-appellant Shankar has been given the benefit of
suspension of sentence, hence counsel prays for allowing the present I.A. on
the ground of parity.
4. Prosecution has opposed the application by filing the reply on the
ground that the story of prosecution has been duly supported by the
memorandum recorded under Section 27 of the Indian Evidence Act, 1872
2 CRA-6567-2024
i.e Ex.P/25 and vide seizure memo Ex.P/32 blood stained shirt and one
country made pistol has been recovered from the appellant/accused Vijay
Kaushal. The testimony of Kanhaiyalal (PW-7) & Mahesh (PW-8) shows
that appellant/accused was seen near the place of incident. There is no
explanation under Section 313 of the Cr.P.C regarding seizure of blood
stained clothes and country made pistol. FSL report Ex.P/32 also established
the guilt of the appellant/accused.
5. Perused the record.
6. As per para 14 of the judgment the whole prosecution case rests
upon circumstantial evidence. The circumstances proved by the prosecution.
Trial Court has recorded the finding in para 24 of the judgment that there is
no credible evidence on the record that indicates any conspiracy among the
accused Vineet and the rest of the accused. So, it is not proved beyond
reasonable doubt that the accused Vineet provided the accused Vishal Kale
with money for killing the deceased, and later the accused Vishal Kale hired
the accused Shankar and Vijay Kaushal.
7. Considering the above circumstances and also the fact that in similar
circumstances, co-accused Shankar has been granted suspension of sentence,
however without commenting on the merits of the case, this Court is of the
considered opinion that the application for suspension of remaining jail
sentence filed on behalf of the appellant deserves to be allowed on the
ground of parity .
8. Accordingly, I.A No.3970/2025 is allowed and the execution of
remaining jail sentence of the appellant No.1-Vijay Kaushal is hereby
3 CRA-6567-2024
suspended till the final disposal of this appeal. It is directed that appellant be
released on bail subject to his depositing the fine amount, if not already
deposited and upon 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, with a further direction to him to appear
before the Registry of this Court on 20/05/2025 and on such other dates, as
may be fixed by the Registry of this Court in this regard during the pendency
of this appeal.
List for final hearing in due course.
Certified copy, as per rules.
(SUSHRUT ARVIND DHARMADHIKARI) (GAJENDRA SINGH)
JUDGE JUDGE
MK
