Madhya Pradesh High Court
Dharmendra @ Kanha vs The State Of Madhya Pradesh on 25 February, 2025
1 CRA-1351-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1351 of 2025
(DHARMENDRA @ KANHA Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 25-02-2025
Appellant by Shri Krishnapal Singh Khichi - Advocate.
Respondent No.1 - State of Madhya Pradesh by Shri Surendra Kumar
Gupta - Government Advocate appearing on behalf of Advocate General.
Respondent No.2 - complainant / objector by Shri Prabhat Pandey -
Advocate.
Heard on I.A.No.1652 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 - Dharmendra @ Kanha S/o Vijay Singh .
Vide judgment and order dated 29.01.2025 passed in Special Sessions
Trial Number SC-ATR/44/2021 by learned Special Judge [SC/ST
(Prevention of Atrocity Act)] Neemuch, District Neemuch (MP), the present
appellant stands convicted under Section 325 of Indian Penal Code, 1860
read with Section 3 (2) (v-a) of Scheduled Caste and Scheduled Tribe
(Prevention of Atrocity) Act, 1989 and sentenced to undergo rigorous
imprisonment for a term of one year with fine of Rs.500/- with usual default
stipulation.
Learned 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 it is a case of
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short sentence wherein one year RI has been awarded to the appellant. The
appellant is suffering incarceration since 29.01.2025. The trial Court has not
appreciated the evidence in its right perspective. There are material
contradictions and omissions in the statement of the witnesses. The judgment
is not based on due appreciation of the evidence and serious infirmities have
been crept in which have been ignored. 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 fair chance of success in this appeal. 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
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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
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 is
deemed to 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 is deemed to 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
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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.
Accordingly, the I.A. stands allowed and disposed off.
Let record be requisition, if not already received; and list the matter on
the question of admission.
IA No.2757 of 2025 , an application for no objection on behalf of the
complainant also stands disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
