Madhya Pradesh High Court
Vinod vs The State Of Madhya Pradesh on 30 April, 2025
1 CRR-1838-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1838 of 2025
(VINOD Vs THE STATE OF MADHYA PRADESH )
Dated : 30-04-2025
Shri L. Shunondo Chandiramani, learned counsel for the applicant.
Shri Hemant Sharma, 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.5641/2025, first application under Section 442 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail
sentence and grant of bail on behalf of the appellant Vinod.
The appellant stands convicted under Section 304-A of Indian Penal Code,
1860 and sentenced to undergo 1 year SI with fine of Rs.2000/- with usual default
stipulation.
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. 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. It is further submitted that present
appellant is suffering jail incarceration since 16.04.2025. The appeal being of the
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.
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 30-04-2025
19:15:38
2 CRR-1838-2025
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 appellant.
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 appellant.
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 17.06.2025 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 the appellant on any date, on
sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High
3 CRR-1838-2025
Court Rules, 2008].
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.
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 appellant 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
