Madhya Pradesh High Court
Gaurav vs State Of M.P. on 4 February, 2025
1 CRA-9914-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9914 of 2024
(GAURAV Vs STATE OF M.P. )
Dated : 04-02-2025
Shri Avinash Sirpurkar, learned senior counsel with Shri Yogesh
Gupta, learned counsel for the appellant.
Shri Surendra Kumar Gupta, learned Public Prosecutor 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.14407/2024, first 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 sole appellant Gaurav S/o Mahesh.
The appellant stands convicted under Section 8/22(b) of NDPS Act
and sentenced to undergo 3 years RI with fine of Rs.10,000/- 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. He further submits that the appellant has
been sentenced to RI for 3 years, out of which, during the trial he has served
the jail sentence from 15.05.2017 to 18.08.2017 and thereafter suffering jail
incarceration since passing of the judgment on 24.08.2024. There are
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material contradictions and omissions in the statement of the witnesses.
Impugned judgments suffer from surmises and conjectures and have been
passed ignoring serious infirmities and anomalies. He has fair chance of
success. Trial Court has not appreciated the evidence in its right perspective.
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
appellant. Hence, under such circumstances prayer is made for suspension of
jail sentence and grant of bail.
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 applicant.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
the revision is hereby suspended and it is directed that applicant be released
on bail on his furnishing personal bond in sum of Rs.1,00,000/- (Rupees One
Lac Only) with one solvent surety in the like amount to the satisfaction of
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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 18/03/2025
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 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.
4 CRA-9914-2024
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
