Madhya Pradesh High Court
Krishnapal Singh Chouhan vs The State Of Madhya Pradesh on 4 February, 2025
1 CRA-10650-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10650 of 2024
(KRISHNAPAL SINGH CHOUHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 04-02-2025
Appellants by Shri Ajay Bagadia - learned Senior Advocate appearing
along with Shri Ayush Kumar Choudhary - Advocate.
Respondent - State of Madhya Pradesh by Shri Ajay Raj Gupta - Panel
Lawyer appearing on behalf of Advocate General.
Heard on I.A.No.15515 of 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 appellant No.1 Krishnapal Singh Chouhan S/o Aniruddha Singh Chouhan ,
appellant No.2 Amit Mandloi S/o Purshottam Mandloi, appellant No.3
Ruparam Goyal S/o Ganpat Ram Goyal and appellant No.4 Jinesh Kumar
Jain S/o Phoolchand Jain.
The appellants stand convicted under Sections 228-A of IPC, under
Section 23 (4) of POCSO Act, 2012 and also under Section 74 of Juvenile
Justice (Care & Protection of Children) Act, 2015 and sentenced to undergo
01 year RI with fine of Rs.1,000/-; 01 year RI with fine of Rs.1,000/-; and 06
months RI with fine of Rs.20,000/- respectively with usual default
stipulations.
Learned Senior Counsel appearing 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
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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.
Learned Senior Counsel submits that this is a case of short sentence of
one year RI on the ground that photographs of prosecutrix was published in
newspaper Patrika. Learned trial Court has already suspended the jail
sentence up to 29.09.2024; and thereafter, this Court has further extended the
suspension of jail sentence of the appellants till the next date of hearing i.e.
04.02.2025 today itself. 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 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 appellants.
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 appellants.
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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 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 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. /
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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
