Madhya Pradesh High Court
Vijay Gangele vs The State Of Madhya Pradesh on 6 November, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-14474-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 14474 of 2023
(VIJAY GANGELE AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-11-2025
Shri Anil Khare, learned senior counsel assisted by Shri Priyank
Agrawal, learned counsel for the appellants.
Shri Nitin Gupta, learned Public Prosecutor for the respondent/State.
Heard on I.A. No.15612/2025, which is second application under
Section 430(1) of BNSS/389(1) of Cr.P.C. for suspension of sentence and
grant of bail to appellant No.1-Vijay Gangele, S/o Dinesh alias Munna,
appellant No.2-Ravindra alias Rabbu Gangele, S/o Hargovind and appellant
No.3-Pradeep Sen, S/o Dhuram Sen.
Shri Anil Khare, learned senior counsel for the appellants, after
arguing at length and in view of evidence of Lalati Kushwaha (PW-8), prays
for withdrawal of I.A. No.15612/2025 qua appellant No.2-Ravindra alias
Rabbu Gangele.
Accordingly, I.A. No.I.A. No.15612/2025 is dismissed as withdrawn
so far it relates to appellant No.2-Ravindra alias Rabbu Gangele.
Now this application is being considered for appellant No.1-Vijay
Gangele and appellant No.3-Pradeep Sen.
This appeal is preferred by the appellants being aggrieved of the
impugned judgment dated 14/10/2023 passed by the learned 2nd Additional
Sessions Judge, Nowgaon, Distt. Chhatarpur in Sessions Trial No.278/2013
whereby convicting and sentencing the appellant No.1-Vijay Gangele and
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appellant No.3-Pradeep Sen in the following terms :
Appellant No.1-Vijay Gangele :
Conviction Sentence
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302 r/w 149 IPC Life Rs.2,000/- R.I. for three
imprisonment months
147 IPC R.I. for one Rs.500/- R.I. for one
year month
Appellant No.3-Pradeep Sen :
Conviction Sentence
Section Act Imprisonment Fine if Imprisonment
fine deposited in lieu of Fine
details
302 r/w 149 IPC Life Rs.2,000/- R.I. for three
imprisonment months
147 IPC R.I. for one Rs.500/- R.I. for one
year month
Shri Anil Khare, learned senior counsel for the appellants submits
that Lalati Kushwaha (PW-8) categorically deposed that Munna had slapped
Motilal and it was Ravindrda alias Rabbu Gangele who had caused injuries
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with the butt of a gun. It is also submitted by learned senior counsel for the
appellants that appellant No.4-Dinesh Gangele has been extended benefit of
suspension of sentence by this Court vide order dated 17/05/2025 and the
case of appellants No.1 and 3 is on similar footing. Hence, prayer is made to
suspend the remaining jail sentence of appellants No.1 and 3 and to release
them on bail on the ground of parity.
Shri Nitin Gupta, learned Public Prosecutor for the State, in his turn,
opposes the prayer for suspension of sentence and grant of bail.
After hearing learned counsel for the parties and going through the
record so also looking to the fact that the appeal is going to take time for its
disposal and keeping the concept of parity in mind, without commenting on
the merits of the case, we are of the considered opinion that this is a fit case
to suspend the remaining jail sentence of appellants No.1 and 3 and to
release them on bail.
I.A. No.15612/2025 is, accordingly, allowed and disposed of.
It is directed that on depositing the fine amount, if not already
deposited and on furnishing a personal bond to the tune of Rs.50,000/-
(Rupees Fifty Thousand Only) each with two solvent sureties each in the like
amount to the satisfaction of the trial court for their appearance before the
trial court on 24.12.2025 and such other dates as may be fixed by the trial
court, the execution of remaining part of the jail sentence imposed upon
appellant No.1-Vijay Gangele and appellant No.3-Pradeep Sen , shall remain
suspended and they shall be released on bail till final disposal of this appeal.
List the case for final hearing in Part-B of the cause list as per its turn
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and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
ts
