Madhya Pradesh High Court
Vikas vs The State Of Madhya Pradesh on 21 April, 2025
1 CRA-3655-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 3655 of 2025
(VIKAS AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 21-04-2025
Shri Manish Yadav, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Public Prosecutor for the State.
Heard on the question of admission.
Record of the trial Court be requisitioned.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.No.4917/2025, 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 No.1 Vikas, No.2 Sodansingh, No.3 Gopal Singh, No.4 Raghusingh and
appellant No.5 Gumansingh.
The appellants stand convicted under Sections 147, 365/149, 323/149 &
342/149 of Indian Penal Code, 1860 and each of them have been sentenced to
undergo 1 year RI with fine of Rs.500/-, 3 years RI with fine of Rs.500/-, 1 year
RI with fine of Rs.500 and 1 year RI with fine of Rs.500/- respectively with usual
default stipulations.
Learned counsel for the appellants while taking exception to this impugned
judgment submits that appellants are innocents and he have 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. The appeal being of the
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 21-04-2025
17:24:13
2 CRA-3655-2025
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 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 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, application 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 appellants be released on bail on
their furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each with separate solvent surety 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 19.06.2025 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 his behalf, on the date
notified for hearing.
In case of breach of any of the aforementioned conditions, this order
3 CRA-3655-2025
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 appellants 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 appellants 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
soumya
