Madhya Pradesh High Court
Govind vs The State Of Madhya Pradesh on 18 February, 2025
1 CRA-12423-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12423 of 2022
(GOVIND Vs THE STATE OF MADHYA PRADESH )
Dated : 18-02-2025
Shri Rishi Aanand Choukse - Advocate for the appellant.
Shri Surendra Kumar Gupta - Govt. Advocate for the respondent /
State.
Heard heard on I.A.No.18059/2024, second 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 appellant Govind S/o Kailash Rathore. His first application
was dismissed as withdrawn vide order dated 02/07/2024 passed on
IA.No.194/2023.
The appellant stands convicted under Sections 420, 467, 468 and 471
of Indian Penal Code, 1860 and sentenced to undergo 04 years RI with fine
of Rs.1,000/-; 10 years RI with fine of Rs.2,000/-; 04 years RI with fine of
Rs.1,000/-; and 01 year RI with fine of Rs.1,000/- respectively 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. 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
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anomalies. Co-accused Satyanarayan has been granted benefit of suspension
of sentence vide order dated 23/01/2025 passed in Criminal Appeal
No.12550/2022. The case of the appellant is similar to case of co-accused
Satyanarayan. It is alleged that he has misused the documents of Heeralal for
issuing SIM, which was misused by Maulana @ Intkhab Pathan. It is further
submitted that present appellant is in custody since 06/12/2022. The appeal
being of the year 2022 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 and looking to the period of custody 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
bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
3 CRA-12423-2022
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
shall be forwarded in custody to undergo sentence of imprisonment under
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intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Tej
