Madhya Pradesh High Court
Ashok vs The State Of Madhya Pradesh on 18 February, 2025
1 CRA-1062-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1062 of 2025
(ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 18-02-2025
Appellants by Shri Vivek Singh - Learned Senior Advocate appearing
along with Shri Juned Ahmed Khan - Advocate.
Respondent - State of Madhya Pradesh by Shri Surendra Kumar Gupta
- Government Advocate appearing on behalf of Advocate General.
Heard on I.A.No.2147 of 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 appellant No.2 Rajubai W/o Ashok .
Vide judgment and order dated 15.01.2025 passed by learned
Additional Sessions Judge, Tehsil Badnagar, District Ujjain (MP), the
present appellant stands convicted under Sections 323/34, 307/34 and 506 of
Indian Penal Code, 1860 and sentenced to undergo six months RI with fine
of Rs.500/-, ten years RI with fine of Rs.1,000/- and six months RI with fine
of Rs.500/- with usual default stipulations.
Learned senior counsel for the appellant, while taking exception to this
impugned judgment, submits that appellant is innocent and he / she has been
falsely implicated in this matter. Learned counsel submits that the main
accused Arjun who allegedly caused injury by knife to injured Ghanshyam is
dead and the present appellant though said to have caused injury to injured
Ghanshyam by lathi - a wooden stick, but no corresponding injury has been
2 CRA-1062-2025
found in the medical report. 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.
It is further submitted that present appellant is behind the bars since
15.01.2025 i.e. from the date of the judgment. There are no criminal
antecedents against the present appellant. The appeal being of the year 2025
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 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 appellant.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case and 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 appellant.
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 appellant be released on
3 CRA-1062-2025
bail on his / her 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 conditions:-
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 27/03/2025
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
4 CRA-1062-2025
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.
IA No.2148 of 2025 , an application for urgent hearing also stands
disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
