Madhya Pradesh High Court
Ramswaroop vs The State Of Madhya Pradesh on 7 August, 2024
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-8514-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 8514 of 2024
(RAMSWAROOP AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Shri Imran Khan, learned counsel for the appellants.
Shri Bhanupratap Singh Chauhan, learned Public Prosecutor for the
respondent-State.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on IA No.15078/2024, first application under Section 430 of the
BNSS moved on behalf of appellants Ramswaroop, Naresh Singh and Ramniwas
Singh seeking suspension of sentence and grant of bail.
Appellants stood convicted under Section 326/34 of the IPC and sentenced
to undergo three years RI with fine of Rs. 5000/- and Section 323/34 (Two
Counts) of the IPC- and sentenced to fine of Rs. 1000/- with default stipulations
vide judgment of conviction and sentence dated 12/07/2024 passed by Second
Additional Sessions Judge, Jaura, District Morena (M.P.) in S.T. No. 145/2022.
Learned Counsel for appellants, in addition to the grounds mentioned in the
application, submits that the impugned judgment passed by learned Trial Court is
based on assumption, conjectures and surmises. The learned Trial Court has
committed an error in convicting and sentencing the present appellants without
appreciating the prosecution evidence properly. There are material contradictions
and omissions in the evidence of witnesses. The jail sentence of the appellants
were suspended by learned trial Court, under Section 389(3) of the Cr.P.C for a
period of one month i.e. till 12/08/2024. The appellants were on bail during trial.
2 CRA-8514-2024
They had not misused the liberty granted to them. Fine amount has already been
deposited by the appellants. There is no likelihood of early hearing of appeal in
near future. On these grounds, learned Counsel prays that execution of remaining
jail sentence of appellants may be suspended and they may be enlarged on bail.
Per contra , learned Counsel for respondent State opposes the application and
prays for its rejection.
Upon hearing learned Counsel for the parties, but without commenting
upon rival contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution of
remaining jail sentence of appellants shall remain suspended during pendency of
this appeal and they shall be enlarged on bail subject to furnishing personal bond
in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent
surety in the like amount to the satisfaction of Trial Court for compliance with
following conditions:-
(1). The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellants shall appear before the Trial Court on 14/10/2024 and
on such further dates as may be directed by the Trial Court;
(3). The appellants shall ensure hearing of the appeal on the date fixed for
such hearing and shall also ensure proper legal representation on his behalf, on the
date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective.
The Trial Court shall be authorized to grant exemption from attendance to
the appellant on any date, on sufficient cause being shown [Chapter XIII Rule 42
3 CRA-8514-2024
Sub-Rule 2 of the M.P. High Court Rules, 2008].
Where the appellants do not appear on the date of their appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the Trial
Court shall be authorized to issue non-bailable/bailable warrants to secure his
attendance under intimation to the Registry of High Court. The Trial Court shall
also proceed under Section 446 of CrPC against such appellant and his surety
without any reference to this Court and without any impediment of the order
granting bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest/surrender in compliance with the warrant, the appellants shall be
forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
Accordingly, IA No. 15078 of 2024 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
Prachi
