Madhya Pradesh High Court
Niyarsingh @ Nyar vs The State Of Madhya Pradesh on 7 April, 2025
1 CRA-105-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 105 of 2022
(NIYARSINGH @ NYAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-04-2025
Shri Raghvendra Singh Bais, Ms. Sharmila Sharma and Shri Rajesh
Yadav, learned counsel for the appellants.
Shri Rahul Solanki, learned Public Prosecutor for the respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.Nos.19327/2025 (fifth), 4539/2025(fifth) and
4744/2025 (third) applications 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 no.1-Niyar Singh @ Nyar S/o Kanu Bamniya, appellant no.3-
Keram S/o Motla Bamaniya and appellant no.5-Chaggan S/o Wegansingh.
The earlier applications of appellant no.1 was dismissed as withdrawn
vide orders dated 28.04.2022, 16.12.2022, 28.02.2023 and fourth application
was dismissed as withdrawn with liberty to revive after undergoing 50% of
actual jail sentence vide order 24.07.2023. The applications of appellant no.3
was dismissed as withdrawn vide orders dated 28.04.2022, 28.02.2023,
29.04.2024 and fourth application was dismissed as withdrawn with liberty
to revive after undergoing 50% of actual jail sentence vide order dated
12.11.2024. The application of appellant no.5 was dismissed as withdrawn
vide order dated 28.04.2022 and second application was dismissed as
2 CRA-105-2022
withdrawn with liberty to revive after undergoing 50% of actual jail sentence
vide order dated 24.07.2023.
The appellants stand convicted under Sections 394/397 of IPC and
sentenced to undergo 7 years R.I. with fine of Rs.2,000/- each respectively
with usual default stipulation.
Learned counsel for the appellants while taking exception to this
impugned judgment submits that appellants are innocent and they have been
falsely implicated in this matter. The appellants have already suffered half of
the jail sentence out of 7 years jail sentence awarded to the appellants. 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. The appeal being of
the year 2022 is not likely to be heard finally in near future. There is a strong
case in favour of the appellants. 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 appellants.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
3 CRA-105-2022
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 appellants.
Accordingly, applications are 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
no.1-Niyar Singh @ Nyar S/o Kanu Bamniya, appellant no.3-Keram S/o
Motla Bamaniya and appellant no.5-Chaggan S/o Wegansingh be released on
bail on their furnishing personal bond in sum of Rs.1,00,000/- (Rupees One
Lac Only) each with separate solvent surety each in the like amount to the
satisfaction of learned 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 07/05/2025
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 appellants 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 appellants do not appear on the date of their appearance
4 CRA-105-2022
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 their 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 appellants and their sureties
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, the I.As. stand allowed and disposed off.
I.A.No.4540/2025 and 4745/2025 for urgent hearing stand disposed
off.
Registry is directed to list the matter for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
