Madhya Pradesh High Court
Hitesh vs The State Of Madhya Pradesh on 2 April, 2025
1 CRA-320-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 320 of 2025
(HITESH Vs THE STATE OF MADHYA PRADESH )
Dated : 02-04-2025
Shri Surendra Tuteja - Advocate for the applicant.
Shri Rahul Solanki - Govt. Advocate 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 I.A.No.257/2025, first application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389(1) of
Cr.P.C.) for suspension of remaining jail sentence and grant of bail on behalf
of the appellant Hitesh S/o Mahendra @ Guddu Durasha .
The appellant stands convicted under Sections 450, 376(1) and 506-II
of Indian Penal Code, 1860 and sentenced to undergo 05 years RI with fine
of Rs.2,000/-; 10 years RI with fine of Rs.2,000/-; and 01 year RI with fine
of Rs.1,000/- respectively with usual default stipulation.
Learned counsel for the appellant while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. There are material contradictions and omissions in
the statement of the witnesses. Impugned judgment suffers from surmises
and conjectures and has been passed ignoring serious infirmities and
anomalies. Learned counsel further submits that this is a case of consent
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between two adults. For this, he has referred statement of prosecutrix (PW-1)
and submitted that in para 20 she has admitted that she never raised any
alarm before her mother-in-law entered in her room, when she was found in
compromising position. It is further submitted that during trial appellant has
suffered jail incarceration of 01 month and 14 days and all other time he was
on bail and never misused the liberty granted to him and thereafter, from the
date of judgment 27/12/2024 he is in jail. The appeal being of the year 2025
is not likely to be heard finally in near future. There is a strong case in favour
of the appellant. Hence, under such circumstances prayer is made for
suspension of jail sentence and grant of bail.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant. He further submits that not only the victim has
supported the prosecution case but the medical evidence also supports the
prosecution case, therefore, prays for dismissal of the application.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, looking to the evidence
available in entirety, all the facts and circumstances of the case coupled with
the fact that possibility of final hearing of this appeal in near future is bleak,
without expressing any conclusive opinion on merits, I find it to be a fit case
to suspend the remaining custodial sentence of the appellant.
Accordingly, application is allowed. Subject to deposit of fine amount,
3 CRA-320-2025
if not already deposited the remaining jail sentence during the pendency of
the appeal is hereby suspended and it is directed that appellant be released on
bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of learned 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 06/05/2025
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
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 do 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 Cr.P.C. /
Section 491 of BNSS, 2023 against such appellant and his surety without any
reference to this Court and without any impediment of the order granting
4 CRA-320-2025
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. stands allowed and disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
