Madhya Pradesh High Court
Gabbusingh vs State Of Madhya Pradesh on 15 January, 2025
1 CRA-201-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 201 of 2025
(GABBUSINGH Vs STATE OF MADHYA PRADESH )
Dated : 15-01-2025
Appellant by Shri Anopam Chouhan - 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.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.247 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 Gabbu Singh S/o
Motesingh seeking suspension of remaining sentence of imprisonment and
grant of bail.
The appellant stood convicted under Sections 420/34-120-B, 466/34-
120-B, 468/34-120-B and 471/34-120-B of Indian Penal Code, 1860 and
sentenced to undergo four years rigorous imprisonment with fine of
Rs.2,000/-, four years rigorous imprisonment with fine of Rs.2,000/-, four
years rigorous imprisonment with fine of Rs.2,000/- and one year rigorous
imprisonment with fine of Rs.1,000/- with default stipulations, vide judgment
of conviction and order of sentence dated 31.12.2024 passed by learned
Additional Judge to the Court of Additional Sessions Judge, Dharampuri,
District Dhar (MP) in Sessions Trial No.44 of 2022.
Learned counsel for the appellant submits that the appellant has been
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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
appellant without appreciating the prosecution evidence properly.
Learned counsel further contends that the appellant has already
suffered incarceration of five months including trial period in detention and
after judgment dated 31.12.2024. 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
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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, 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.
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In the meantime, record of the trial Court be requisitioned.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
