Madhya Pradesh High Court
Makram@ Makhdia vs The State Of Madhya Pradesh on 20 February, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-14431-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 14431 of 2024
(MAKRAM@ MAKHDIA Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2025
Ms. Nivedita Sharma - Advocate for the appellant,.
Shri Apoorv Joshi - Govt. Advocate for the respondent/State.
Heard on the question of admission.
Being arguable, present appeal is admitted for hearing.
Heard on IA No. 20704/2024, first application under Section 389(1) of
Cr.P.C./Sec 430 of BNSS,2023 moved on behalf of appellant- Makram alias
Makhdia seeking suspension of jail sentence and grant of bail.
Appellant - Makram alias Makhdia stood convicted under Section 325
of IPC and sentenced to undergo 06 months rigorous imprisonment with
fine of Rs. 5,000/- with default stipulation vide judgment of conviction and
order of sentence dated 05.12.2024, passed by learned Additional Sessions
Judge, Barwani (M.P.) in S.T. No. 62/2024.
Learned counsel for the appellant submits that the impugned judgment
passed by learned Trial Court is based on assumption, conjectures and
surmises. The learned Trial Court has committed an error in convicting and
sentencing the present appellant without appreciating the prosecution
evidence properly. Learned trial Court failed to consider that there was no
voluntary act alleged against the appellant. On these grounds, learned
Counsel prays that execution of remaining sentence of imprisonment of the
appellant may be suspended and he may be enlarged on bail.
2 CRA-14431-2024
Per contra, learned Counsel for respondent State opposes the
suspension application on the ground of gravity of alleged offence and prays
for its rejection.
The contentions of appellant have prima facie substance which
deserve consideration on merit. The appellant remained in custody from
04.04.2024 to 04.05.2024. His sentence of imprisonment is suspended by
the trial Court u/S 389(3) of Cr.P.C. He did not misuse the liberty granted to
him. There is no likelihood of hearing of appeal in near future. Upon
hearing learned Counsel for the parties, but without commenting upon rival
contentions touching merits of the case, this Court is of the view that
application deserves to be allowed. It is, accordingly directed that execution
of remaining jail sentence of appellant- Makram alias Makadia shall remain
suspended during pendency of this appeal and he shall be enlarged on bail
subject to furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of 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 21.4.2025,
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
3 CRA-14431-2024
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 their 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 CrPC 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 appellants
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, I.A. No. 20704/2024, stands allowed and disposed of.
List the matter for final hearing in due course.
(SANJEEV S KALGAONKAR)
JUDGE
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