Madhya Pradesh High Court
Manaklal Giriya vs The State Of Madhya Pradesh on 24 February, 2025
1 CRA-626-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 626 of 2025
(MANAKLAL GIRIYA Vs THE STATE OF MADHYA PRADESH )
Dated : 24-02-2025
Appellant by Shri Vivek Singh - Learned Senior Advocate appearing
along with Shri Juned Ahmed Khan - Advocate.
Respondent - State of Madhya Pradesh by Shri Virendra Khadav -
Government Advocate appearing on behalf of Advocate General.
Heard on I.A.No.639 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 - Manaklal Giriya S/o Late Takhatmal Giriya.
Vide judgment and order dated 31.12.2024 passed in Sessions Trial
No.395 of 2012 by learned Sixth Additional Sessions Judge, Ujjain, District
Ujjain (MP), the present appellant stands convicted under Section 468 read
with Section 120-B of Indian Penal Code, 1860 and has been sentenced to
undergo rigorous imprisonment for a term of three years with fine of
Rs.10,000/- with usual default stipulation.
Learned senior counsel appearing for the appellant, while taking
exception to this impugned judgment, submits that appellant is innocent and
he has been falsely implicated in this matter. Learned counsel submits that
short sentence of three years RI has been awarded to the appellant. The jail
sentence has already been suspended by the learned trial Court up to
28.02.2025. The trial Court has not appreciated the evidence in its right
2 CRA-626-2025
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. 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 and has fair chance of success. 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
bail upon his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
3 CRA-626-2025
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 02/04/2025
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
intimation to the Registry of this Court.
4 CRA-626-2025
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
