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Madhya Pradesh High Court
Bhagwan Singh vs The State Of Madhya Pradesh on 15 April, 2026
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-8931-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8931 of 2023
(BHAGWAN SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 15-04-2026
Ms. Nupur Garg - Advocate for the appellants.
Shri Surendra Kumar Gupta, GA for State.
Heard on I.A. No.1742/2025, which is an application under Section
430 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for suspension of jail
sentence and grant of bail filed on behalf of appellant No.2- Rahul Singh.
The present appellant has been convicted for commission of offence
punishable under Sections 302/34 and 323/34 of IPC and sentenced to
undergo life imprisonment with fine of Rs.10,000/- and six months RI with
fine of Rs.500/- respectively with default stipulation.
According to prosecution story on 12/07/2020, complainant Gokul
Singh lodged a dehati nalsi before police that her sister Manabai and brother-
in-law Kripal Singh were at his home. On the said date, when he was
returning home from Khal area, near Gopal Tailor's shop, he saw that
accused persons namely Bhagwan Singh, Rahul and Gabbu Singh were
disputing with his brother-in-law Kripal Singh. Accused Bhagwan Singh was
armed with Firearm, accused Rahul was armed with Fawda and accused
appellant Gabbu Singh was armed with Iron pipe. Due to an old dispute,
accused Bhagwan Singh inflicted head injury on Kripal Singh with back side
of the firearm which resulted in blood loss, accused Rahul inflicted injury on
Kripal Singh with Fawda and accused appellant Gabbu Singh inflicted injury
2 CRA-8931-2023
with iron pipe on Kripal Singh. When complainant Gokul Singh and
Manabai came to intervene the matter, accused appellant Gabbu inflicted
injury on Gokul Singh's back and hand and accused Bhagwan Singh inflicted
injury with back of the firearm on Manabai's body. Due to the injuries
sustained, injured Kripal Singh fell on the ground and felt unconscious. All
the accused persons gave life threats and left from the spot. Injured was
rushed to the hospital where doctor declared the injured as brought dead. On
the said report of the doctor, police registered murg intimation and register
case against the accused persons and arrest the appellant in this case.
Counsel for the appellant argued that Dehalti Nalish was got registered
on the information of PW-1 Gokul who is also an injured witness. He has
turned hostile. She further argued that as per his statement, two other persons
namely Gopal and Arjun were also at the spot. They have been examined
and they have also not supported the prosecution case. Apart from that the
seizure of alleged spade has not been proved as the seizure witnesses PW-13
and PW-14 have also not supported the prosecution case. Appellant No.2 has
undergone actual jail sentence of 5 years and 9 months. She argued that this
is an appeal of 2023 and final hearing of the same may take time. Hence,
remaining jail sentence of the appellant No.2 be suspended.
Counsel for the State opposed the application and submitted that
mother of the deceased, Manabai (PW-2) and wife of deceased, Pavitrabai
(PW-3) have supported the prosecution story.
After hearing learned counsel for the parties and considering the facts
and evidence, we find that the first informant, Gokul who is also inured
3 CRA-8931-2023
witnesses, has not supported the prosecution case. He has made allegation
only against co-appellant Gabbusingh. The other persons who are said to be
present at the spot namely Gopal and Arjun have also not supported the
prsecution case. The seizure witnesses PW-13 and PW-14 have also turned
hostile. Appellant No.2 has undergone actual jail sentence of 5 years and 9
months and final hearing of the appeal may take time. Hence, we deem it
expedient to suspend the remaining jail sentence of the present appellant.
Accordingly, I.A. No.1742/2025 stands allowed. The execution of
remaining jail sentence of appellant No.2- Rahul Singh shall remain
suspended during the pendency of the appeal and he be released on bail upon
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 and on depositing the fine amount (if not already deposited)
with a further direction to appear before the Registry of this Court on
18.08.2026, and thereafter, on all subsequent dates as may be fixed by the
Registry in this regard during the pendency of the appeal.
Certified copy, as per Rules.
(VIJAY KUMAR SHUKLA) (ALOK AWASTHI)
JUDGE JUDGE
MK
