Madhya Pradesh High Court
Kachrulal vs The State Of Madhya Pradesh on 2 April, 2025
1 CRA-2859-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2859 of 2023
(KACHRULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 02-04-2025
Appellant No.2 Jagdish S/o Balu Chaudhary by Shri Amit Yadav -
Advocate.
Respondent - State of Madhya Pradesh by Shri Hemant Sharma -
Government Advocate appearing on behalf of Advocate General.
Heard on IA No.3626 of 2025 , first application under Section 430 of the
Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) = Section 389 (1) of Code of
Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of
bail filed on behalf of appellant No.2 - Jagdish S/o Shri Balu Chaudhary , arising
out of judgment and order dated 14.02.2023 passed in Sessions Trial No.147 of
2020 by learned Additional Sessions Judge, Nagda, District Ujjain (MP).
The appellant stands convicted under Section 304-I read with Section 34 of
Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for ten
years with fine of Rs.200/- along with usual default stipulation.
Learned counsel for the appellant submits that the genesis of the incident is
a trivial issue on chopping of a tail of buffalo by deceased Fateh Singh; and after
altercation and hurling filthy abuses, the deceased was assaulted by the present
appellant allegedly with lathi. The appellant has suffered incarceration of four
years and five months out of total ten years rigorous imprisonment awarded to
him. There are material contradictions and omissions in the statement of the
witnesses. Impugned judgment suffers from surmises and conjectures. It is further
submitted that the appeal being of the year 2023 is not likely to be heard finally in
2 CRA-2859-2023
near future. Hence, under such circumstances, a prayer is made for suspension of
jail sentence and grant of bail to the appellant.
Per contra , learned counsel appearing on behalf of the respondent - State
has opposed the prayer.
Heard learned counsel for the parties and perused the record.
In the aforesaid factual backdrop and looking to the genesis of the incident
coupled with the factum of incarceration as well as the evidence in entirety and 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, IA No.3626 of 2025 is allowed. Subject to deposit of fine
amount, 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 -
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 19/05/2025 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
3 CRA-2859-2023
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 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
rcp
