Sunil @ Sunia vs The State Of Madhya Pradesh
2025 Latest Caselaw 3826 MP

Madhya Pradesh High Court

Sunil @ Sunia vs The State Of Madhya Pradesh on 12 August, 2025

                                                                1                                CRA-4549-2021
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        CRA No. 4549 of 2021
                                               (SUNIL @ SUNIA Vs THE STATE OF MADHYA PRADESH )



                          Dated : 12-08-2025
                                Shri Ravindra Upadhyay - Advocate for the appellant.
                                Shri Rahul Solanki G.A appearing on behalf of Advocate General.

                                Heard on IA No.3629/2025, which is Fourth application under section
                          430 of the BNSS, 2023 / 389(1) of the Cr.P.C. seeking suspension of
                          sentence on behalf of appellant - Sunil @ Sunia S/o Madan who has been

                          convicted under sections 376(1) of the IPC & 323 of the IPC and sentenced
                          to undergo 10 years RI & 1 year RI and fine with default stipulations vide
                          judgment dated 08.04.2021 in Session Case No.128/2018 by the Second
                          Additional Sessions Judge & Judge under Juvenile Justice (Care &
                          Protection of Children) Act, 2015, Alirajpur (M.P.).
                                Earlier first and second suspension applications have been dismissed
                          as withdrawn vide orders dated 29.11.2021 & 20.07.2022 and third
                          application has been dismissed on merit vide order dated 25.01.2024.
                                Counsel for the appellant submitted that appellant is innocent and he

                          has falsely been implicated in the aforementioned crime. It is further
                          submitted that the appellant is in custody for more than 4 years. This appeal
                          is of the year 2021 and its final disposal would take considerable long time
                          to conclude. Hence, in such circumstances, prayer is made to enlarge the
                          appellant on bail.
                                Counsel for the respondent/State opposed the application and prayed

                                                              2                               CRA-4549-2021
                          for its rejection.
                                 Heard.

The Superintendent of Jail, Alirajpur has intimated that no Probation Officer is appointed in the jail. Thereafter, the report was sought from the Women and Child Development Department, District Alirajpur and vide report dated 07.08.2025, the social investigation report is submitted.

The report of Jail Superintendent, District Jail, Alirajpur discloses that the appellant never tried to disobey the discipline of the jail.

Considering the above and the fact that the appellant is in custody more than 4 years coupled with the fact that the appeal is of the year 2021 and its final disposal would take long time, without commenting on the merit of the case, the application (IA No.3629/2025) is allowed and it is directed

that the execution of remaining jail sentence passed against appellant - Sunil @ Sunia S/o Madan shall remain suspended subject to his depositing the fine amount (if already not deposited) and furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the Juvenile Justice Board, Alirajpur subject to the condition that the Guardian/Relative (Brother) of the juvenile shall keep watch over him during the period of his release and keep him present on each and every date of appearance before the Juvenile Justice Board and shall not allow the minor to come into association with any known/unknown criminals and further ensure that his release shall not defeat the ends of justice in any manner.

8 . It is further directed that Probation Officer shall periodically keep

3 CRA-4549-2021 vigilance over the child conflicted with law and observe his activities and in the event of any adversity noticed by him, he shall inform the Juvenile Justice Board and the Board, after proper enquiry, if found the activities of the conflicted child adverse to law, may send the juvenile to Child Reformation Center and in such condition, this order regarding granting of child custody shall stand automatically cancelled without further reference to this Court.

9. Resultantly, IA No.3629/2025 is allowed & disposed of in the manner indicated herein-above.

Certified copy as per Rules.

(GAJENDRA SINGH) JUDGE

VS