Madhya Pradesh High Court
Ramnivas vs The State Of Madhya Pradesh on 22 April, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-2959-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2959 of 2025
(RAMNIVAS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-04-2025
Shri Aditya Raj Singh Solanki - Advocate for the appellant.
Shri Amit Raval - 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. 3980/2025, first application under Section 389
of Cr.P.C./Sec 430(1) of BNSS, 2023 moved on behalf of appellant -
Ramniwas seeking suspension of sentence and grant of bail.
Appellant stood convicted u/S 74 of BNS and sentenced to undergo 01
year sentence of rigorous imprisonment with fine of Rs.2,000/- with default
stipulation vide judgment of conviction and sentence dated 28.02.2025,
passed by First Additional Sessions Judge, District Dewas(M.P.) in S.T.
No.244/2024.
Learned Counsel for appellant, in addition to the grounds mentioned in
the application, submits that the impugned judgment passed by learned Trial
Court is based on assumption, conjectures and surmises. He further contends
that the learned Trial Court has committed an error in convicting the
appellant on sole testimony of complainant after ignoring the inconsistencies
and improbabilities in her evidence. The FIR was delayed without any
plausible explanation. The appellant was convicted on testimony of
interested and related witnesses, ignoring the defense evidence. Appellant
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was on bail during trial and he did not misuse the liberty so granted. Sentence
of imprisonment of appellant is suspended u/S 389(1) of Cr.P.C. by the trial
Court. There is no likelihood of early hearing of appeal in near future. On
these grounds, learned counsel prays that execution of remaining jail
sentence of appellant may be suspended and he may be enlarged on bail.
Per contra, learned Counsel for respondent State opposes the application
and prays for its rejection.
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 appellant shall remain suspended
during pendency of this appeal and he shall be enlarged on bail subject to
furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand
Only) with one solvent surety in the like amount to the satisfaction of 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 16.06.2025 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
3 CRA-2959-2025
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 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 CrPC 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, I.A. No.3980/2025 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
sh
