Madhya Pradesh High Court
Sodan Singh vs The State Of Madhya Pradesh on 8 January, 2025
1 CRA-12437-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12437 of 2024
(SODAN SINGH Vs THE STATE OF MADHYA PRADESH )
Dated : 08-01-2025
Appellant by Shri Prakash Patel - Advocate.
Respondent - State of Madhya Pradesh by Shri Surendra Kumar Gupta
- 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.
Heard on IA No.19402 of 2024 , first application under Section 389
(1) of Code of Criminal Procedure, 1973 = Section 430 of Bhartiya Nagarik
Suraksha Sanhita, 2023 (BNSS) moved on behalf of appellant Sodansingh
S/o Prabhulal Sen seeking suspension of remaining sentence of
imprisonment and grant of bail.
The appellant stood convicted under Section 376 (1) of Indian Penal
Code, 1860 read with Section 3 / 4 (1) of Protection of Children from Sexual
Offences Act, 2012 and sentenced to undergo ten years rigorous
imprisonment with fine of Rs.15,000/- with default stipulation, vide
judgment of conviction and order of sentence dated 30.09.2024 passed by
learned Special Additional Sessions Judge, Susner, District Agar Malwa
(MP) in Special Sessions Trial No.08 of 2022.
Learned counsel for the appellant submits that the appellant has been
falsely implicated in the case. The impugned judgment passed by learned
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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 counsel further contends that the appellant has already
suffered incarceration of two years and three months. The appellant has fair
chances of success. There is no likelihood of early hearing of appeal in near
future. On these grounds, learned counsel prays that the execution of
remaining jail sentence of appellant may be suspended and he may be
enlarged on bail.
Per-contra, learned counsel for respondent - State opposes the
application and prays for its rejection.
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 and is hereby allowed. It is, accordingly
directed that execution of remaining sentence of imprisonment of the
appellant 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) 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
12.02.2025 and on such further dates as may be directed by the Trial
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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 nonappearance 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 /
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.
Accordingly, the I.A stand allowed and disposed of.
List the matter for final hearing in due course.
Principal Registry of this Court is directed to get the record scanned in
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the cases wherein physical record has been received from the trial Court
before the date of hearing.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
