Madhya Pradesh High Court
Rohit@ Rohan vs The State Of Madhya Pradesh on 1 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-2322-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2322 of 2025
(ROHIT@ ROHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 01-04-2025
Shri Palash Choudhary - Advocate for the appellant.
Shri Madhusudan Yadav - Govt. Advocate for the respondent/State.
Record of the trial Court has been received.
Heard on the question of admission.
Being arguable, present appeal is admitted for hearing.
Also heard on I.A. No. 3046/2025, first application under Section 389 of
CrPC/430 of Bharatiya Nagrik Suraksha Sanhita, 2023 moved on behalf of
appellant- Rohit alias Rohan seeking suspension of sentence and grant of bail.
Appellant stood convicted under Section 354 and 323 of IPC and sentenced
to undergo one year rigorous imprisonment with fine of Rs. 1000/- and 06 months
rigorous imprisonment with fine of Rs. 500/- with default stipulations vide
judgment of conviction and order of sentence dated 21.02.2025 passed by Special
Judge (SC/ST Act) Dhar in Special Case (ATR) No. 129/2020.
Learned counsel for appellant, 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. Minor altercation and scuffle is
given colour of prosecution for outraging modesty. The trial court did not consider
inherent inconsistency and improbabilities in the evidence of complainant and
interested witness. The appellant was extended the benefit of bail and he did not
misuse the liberty during trial. On these grounds, learned counsel prays that
execution of remaining sentence of imprisonment of the appellant be suspended
2 CRA-2322-2025
and appellant be enlarged on bail.
Per contra, learned Counsel for respondent/State opposes the application
and prays for its rejection.
The contention of appellant have prima facie substance which deserve
consideration on merit. The appellant remained in judicial custody from
15.12.2020 to 16.12.2020. Appellant has been granted suspension of sentence upto
11.04.2025 by the trial Court. There is no likelihood of hearing of appeal in near
future. 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 sentence of imprisonment of the appellant - Rohit alias Rohan shall
remain suspended during pendency of this appeal and he shall be enlarged on
bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one solvent surety in the like amount to the satisfaction of Trial
Court for compliance with following conditions:-
(1). The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellant shall appear before the Trial Court on 30.06.2025
and on such further dates as may be directed by the Trial Court;
(3). The appellant 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
3 CRA-2322-2025
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 Sub-Rule 2 of the M.P.
High Court Rules, 2008].
Where the appellant does not appear on the date of his 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 / section 491
of BNSS, 2023 against such appellant and their 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 appellant shall be
forwarded in custody to undergo sentence of imprisonment under intimation to the
Registry of this Court.
Accordingly, the I.A No. 3046/2025 stands allowed and disposed of.
List the matter for final hearing in due course.
CC as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
