Madhya Pradesh High Court
Kanahaiyalal vs State Of Madhya Pradesh on 15 January, 2025
1 CRA-92-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 92 of 2025
(KANAHAIYALAL AND OTHERS Vs STATE OF MADHYA PRADESH )
Dated : 15-01-2025
Appellants by Shri Rahul Vijaywargiya - Advocate.
Respondent - State of Madhya Pradesh by Shri Tarun Pagare - Government
Advocate appearing on behalf of Advocate General.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.54 of 2025 , first application under Section 430 of Bhartiya
Nagarik Suraksha Sanhita, 2023 (BNSS) = Section 389 (1) of Code of Criminal
Procedure, 1973 moved on behalf of appellant No.1 Kanahaiyalal S/o Ghisalal
Bharti and appellant No.2 Anand S/o Kanahaiyalal Bharti seeking suspension of
remaining sentence of imprisonment and grant of bail.
The appellants stood convicted under Section 323/34 of Indian Penal Code,
1860 and sentenced to undergo six months rigorous imprisonment with fine of
Rs.1,000/- with default stipulation, vide judgment of conviction and order of
sentence dated 18.12.2024 passed by learned Special Judge [SC / ST (Prevention
of Atrocities) Act, 1989] Rajgarh District Rajgarh-Biaora (MP) in Sessions Trial
No.95 of 2021.
Learned counsel for the appellants submits that the appellants have been
falsely implicated in the case. 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 appellants without
appreciating the prosecution evidence properly.
2 CRA-92-2025
Learned counsel further contends that the jail sentence of the appellants has
already been suspended by the learned trial Court up to 17.01.2025. It is a matter
of short sentence. The appellants have 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 appellants may be
suspended and they 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 appellants shall remain
suspended during pendency of this appeal and they shall be enlarged on bail
subject to each of them furnishing a 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 18.02.2025
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,
3 CRA-92-2025
on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P.
High Court Rules, 2008].
Where the appellants 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.
In the meantime, record of the trial Court be requisitioned.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
