Madhya Pradesh High Court
Vinay vs The State Of Madhya Pradesh on 20 February, 2025
1 CRA-537-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 537 of 2025
(VINAY Vs THE STATE OF MADHYA PRADESH )
Dated : 20-02-2025
Appellant by Shri Ravindra Kaushal - 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.
Also heard on IA No.540 of 2025 , first application under Section 430
(1) 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 Vinay S/o Suresh Tiwari .
Vide judgment and order dated 26.12.2024 delivered in Sessions Trial
No.124 of 2024 by learned Fourteenth Additional Sessions Judge, Indore,
District Indore (MP), the appellant stands convicted under Sections 379, 467
and 468 of Indian Penal Code, 1860 and sentenced to undergo rigorous
imprisonment for a term of two years with fine of Rs.1,000/-, three years
with fine of Rs.2,000/- and three years with fine of Rs.2,000/- respectively
with usual default stipulations.
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
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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. This is a case of short sentence of maximum 3 years. The jail
sentence of the appellant has already suspended by the trial Court till
24/02/2025. 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 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.
Looking to the aforesaid factual backdrop, coupled with the fact that
possibility of final hearing of this appeal in near future is bleak and also
looking to the short sentence, 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
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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 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.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
