Madhya Pradesh High Court
Champalal vs The State Of Madhya Pradesh on 16 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-1657-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1657 of 2025
(CHAMPALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 16-04-2025
Shri Ravindra Singh Parmar - Advocate for the appellants.
Shri Santosh Singh Thakur - 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.
Heard on I.A. No.2088/2025, first application under Section 430 of
Bharatiya Nagraik Suraksha Sanhita/389 of Cr.P.C. moved on behalf of
appellants No.1 - Champalal, Appellant No.2 - Motilal and Appellant No. 3
- Gajribai alias Dhropdibai seeking suspension of jail sentence and grant of
bail.
Appellants stood convicted under Section 323/34 of IPC (02 Counts)
r/W 3(2)(Va) of SC/ST(Prevention of Atrocities) Act and sentenced to
undergo 01 year rigorous imprisonment each with fine of Rs.2,000/- each
with default stipulation vide judgment of conviction and order of sentence
dated 24.12.2024, passed by Special Judge[SC/ST (Prevention of
Atrocities)Act], Rajgarh (Biaora) (M.P.) in SPL Case No. 45/2020.
Learned counsel for the appellants 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 appellants without appreciating the prosecution evidence
2 CRA-1657-2025
properly. The learned trial erred in relying on evidence prosecution witnesses
ignoring the inherent inconsistencies and improbabilities in their evidence.
Learned counsel further submits that after the judgment of conviction, the
appellants were extended suspension of sentence under Section 389(3) of
Cr.P.C by the trial Court till 24.02.2025 for filing of appeal, but due to non-
availability of record, their sentence was not suspended by this Court. They
did not surrender before the trial Court on 24.02.2025. Therefore, their bails
bonds were cancelled and warrant of arrest was issued against them.
Appellants have surrendered before the trial Court on 16.04.2025. The
appellant no.1 - Champalal remained in judicial custody from 18.03.2020 to
20.03.2020, appellant no.2 - Motilal remained in judicial custody from
07.05.2020 to 08.05.2020 and appellant No.3 - Gajribai alias Dropdibai
remained in judicial custody from 07.05.2020 to 08.05.2020. There is no
likelihood of hearing of appeal in near future. On these grounds, learned
Counsel prays that execution of remaining sentence of imprisonment of the
appellants may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposes the
suspension application on the ground of gravity of alleged offence and prays
for its rejection.
The contentions of appellants have prima facie substance which
deserve consideration on merit. 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
3 CRA-1657-2025
Appellant No.1 - Champalal, Appellant No.2 - Motilal and Appellant No. 3 -
Gajribai alias Dhropdibai 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) each with one solvent
surety each 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 23.06.2025 ,
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 their
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 does 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
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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, I.A. No.2088/2025, stands allowed and disposed of.
List the matter for final hearing in due course.
(SANJEEV S KALGAONKAR)
JUDGE
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