Madhya Pradesh High Court
Ramesh vs The State Of Madhya Pradesh on 14 February, 2025
1 CRA-11568-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11568 of 2024
(RAMESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 14-02-2025
Appellants by Shri Manish Yadav - Advocate.
Respondent - State of Madhya Pradesh by Shri Virendra Khadav -
Government Advocate appearing on behalf of Advocate General.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No. 17484 of 2024 , first application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) = equivalent to Section 389
(1) of Code of Criminal Procedure, 1973 (Code) for suspension of remaining
jail sentence and grant of bail on behalf of appellant No.1 Ramesh S/o
Bhimsingh, appellant No.2 Sangita bai d/o Ramesh and appellant No.3
Bhuribai w/o Late Bhimsingh.
Vide judgment and order dated 06.09.2024 delivered in Sessions Trial
No.01 of 2023 by learned Second Additional Sessions Judge, Bagli, District
Dewas (MP), the appellants stand convicted under Section 304/34 of Indian
Penal Code, 1860 and sentenced to undergo ten years RI with fine of
Rs.5,000/- with usual default stipulation.
At the very outset, learned counsel appearing for the appellants is not
pressing IA No.17484 of 2024 with regard to appellant No.1 Ramesh S/o
Bhimsingh. Therefore, IA No.17484 of 2024 filed on behalf of appellant
2 CRA-11568-2024
No.1 Ramesh S/o Bhimsingh is dismissed as not pressed.
As per prosecution story, on 14.11.2022 appellant No.3 Bhuribai and
appellant No.2 Sangeetabai caught hold of the deceased Haresingh and
appellant No.1 Ramesh hit him with stone on his head, which resulted into
death of the deceased.
Learned counsel for both the appellants submits that they have been
falsely implicated in the case. The have not been attributed any overt act of
assault against the deceased. They are suffering incarceration for more than
two years (one year nine months and twenty one days during trial and from
the date of judgment i.e. 06.09.2024 they are behind the bars). The judgment
has been passed on conjectures and surmises, ignoring the material
irregularities and infirmities surfaced in the prosecution case. 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 both the appellants. Hence, under such
circumstances a prayer is made for suspension of jail sentence and grant of
bail to appellants No.2 and 3.
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.
Looking to the aforesaid factual backdrop, when no assault has been
attributed to both the lady appellants and they have suffered incarceration of
3 CRA-11568-2024
more than two years, 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 these two 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 No.2 and 3
be released on bail upon each of them furnishing 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 -
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant 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 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 does not appear on the date of his/ her appearance
4 CRA-11568-2024
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/her 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
