Madhya Pradesh High Court
Gendalal vs The State Of Madhya Pradesh on 14 February, 2025
1 CRA-407-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 407 of 2025
(GENDALAL AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 14-02-2025
Shri Ravindra Singh Parmar, learned counsel for the appellants.
Shri Virendra Khadav, learned Public Prosecutor for the respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.Nos.360/2025, 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 the
appellants- Gendalal S/o Babru, Suresh S/o Mansingh and Ramesh S/o Ramprasad
@ Parsa.
The appellants stand convicted under Sections 323/34 (2 counts) of IPC r/w
3(2)(va) of SC/ST (Prevention of Atrocities) Act and sentenced to 1-1 year R.I.
each with fine of Rs. 2,000/-- Rs.2,000/- each 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. The jail sentence of the appellants has been suspended
by the trial Court till 17.02.2025. 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. The
appeal being of the year 2025 is not likely to be heard finally in near future. There
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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.
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 on
their furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each with separate solvent sureties each in the like amount to the
satisfaction of learned trial Court for compliance with following conditions:-
(1) The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellants shall appear before the Trial Court on 25/03/2025 and on
such further dates as may be directed by the Trial Court;
(3) The appellants 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
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granting suspension of sentence shall become ineffective. The Trial Court shall be
authorized to grant exemption from attendance to the appellants 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 appellants 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 their
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 appellants and their sureties 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 appellants 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.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
