Madhya Pradesh High Court
Chand Singh vs The State Of Madhya Pradesh on 30 April, 2025
1 CRA-13262-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 13262 of 2024
(CHAND SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 30-04-2025
Appellants by Shri Abhishek Parashar - Advocate.
Respondent - State of Madhya Pradesh by Shri Rahul Solanki -
Government Advocate appearing on behalf of Advocate General.
Heard on the question of admission.
Record of the trial Court has already been received.
The present appeal appears to be arguable, hence admitted for final
hearing.
Heard o n I.A. No. 19170 of 2024 , first application under Section 389
(1) of Code of Criminal Procedure, 1973 = 430 (1) of Bharatiya Nagarik Suraksha
Sanhita, 2023 for suspension of remaining jail sentence and grant of bail on
behalf of appellant No.1 - Chand Singh S/o Himmat Singh Mewada,
appellant No.2 - Bhagwan Singh S/o Madho Singh, appellant No.3 - Mahesh
S/o Himmat Singh Mewada and appellant No.4 - Jitendra S/o Himmat Singh
Mewada.
Vide judgment of conviction and order of sentence dated 12.11.2024
passed in Special Sessions Trial No.37 of 2019 by learned Special Judge
[Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989],
Shajapur, District Shajapur (MP), the appellants stand convicted under
Sections 325/34 (on two counts) and 323/34 (on two counts) of Indian Penal
Code, 1860 and sentenced on each count to undergo rigorous imprisonment
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for a term of one year with fine of Rs.1,000/- and three months with fine of
Rs.500/- respectively with usual default stipulation.
Learned counsel for the appellants, while taking exception to this
impugned judgment, submits that appellants are innocent and they have been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. A short sentence of one year RI has been imposed on
the appellants, which has already been suspended by the learned trial Court
and this Court has also extended the order of suspension passed by the trial
Court. There are material contradictions and omissions in the statement of
the witnesses. Impugned judgment suffers from surmises and conjectures. It
is further submitted that the appeal being of the year 2024 is not likely to be
heard finally in near future. There is a strong case in favour of the appellants.
Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
Per contra, learned counsel 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 and 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
3 CRA-13262-2024
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 the appellants be
released on bail upon each of them furnishing a 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 is
deemed to 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 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 is deemed to be authorized to issue non-bailable / bailable
warrants to secure his attendance under intimation to the Registry of High
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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
rcp
