Madhya Pradesh High Court
Kailash vs The State Of Madhya Pradesh on 29 April, 2025
1 CRA-9277-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9277 of 2022
(KAILASH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 29-04-2025
Shri Santosh Kumar Meena - advocate for the petitioner [P-1].
Shri Virendra Khadav appearing on behalf of Advocate General.
Heard on I.A.No.4565/2025, seventh 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 Kailash.
2. The appellant stands convicted under Section 148, 332/149 (3 counts),
333/149, 307/149 of Indian Penal Code, 1860 and sentenced to undergo 6 months
RI with fine and usual default stipulations.
3. Learned counsel for the appellant while taking exception to this impugned
judgment submits that appellant is innocent and he has been falsely implicated in
this matter. Appellant Kailash is in jail since 12.09.2022 and has completed 2
years, 6 months and 13 days in custody. 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
jail sentence of the appellant has already suspended up to today itself. 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 appellant. Hence, under such circumstances prayer is
made for suspension of jail sentence and grant of bail.
4. Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
2 CRA-9277-2022
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 appellant.
5. Heard learned counsel for the parties and perused the record.
6. 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
appellant.
7. 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 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 conditions:-
(1) The appellant shall deposit the amount of fine (if not
deposited) forthwith;
(2) The appellant 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 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.
8. In case of breach of any of the aforementioned conditions, this order
3 CRA-9277-2022
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].
9. 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.
10. 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].
11. 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.
12. Accordingly, the I.A. stands allowed and disposed off.
13. Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
sumathi
