Madhya Pradesh High Court
Ashutosh @ Bunty vs The State Of Madhya Pradesh on 16 January, 2025
1 CRA-11669-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11669 of 2024
(ASHUTOSH @ BUNTY AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 16-01-2025
Shri Prakash Patel, learned counsel for the appellants.
Shri Kamal Kumar Tiwari, learned Government Advocate for the
respondent/State.
Heard on I.A.No.17033/2024, first application under Section 430 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 the
appellant- Sunil S/o Jagannath Bhargav.
The appellant stands convicted under Sections 307/149, 147, 450, 452, 323,
427 of IPC and sentenced to undergo 5 years RI with fine of Rs.5,000/-, 1 Year
R.I. with fine of Rs.1000/-, 3 years R.I with fine of Rs.1000/-, 2 Years R.I. with
fine of Rs.1000/-, 6-6 months R.I with fine of Rs.1,000/-Rs.1000/-, 1 Year R.I
with fine of Rs.1,000/- respectively with usual default stipulation.
Learned counsel for the appellant while taking exception to this impugned
judgment submits that appellant is innocent and he has been falsely implicated in
this matter. He further submits that the present appellant has been attributed the
allegation that he caused injury to Krinshabai by means of stones. The appellant
was in jail from 06.11.2023 to 08.01.2024 and thereafter from the date of
judgment i.e.10.09.2024 he is in custody. Trial Court has not appreciated the
evidence in its right perspective. There are material contradictions and omissions
in the statement of the witnesses. Impugned judgment suffers from surmises and
conjectures. It is further submitted that the appeal being of the year 2024 is not
2 CRA-11669-2024
likely to be heard finally in near future. There is a strong case in favour of the
appellant. Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail.
Per contra, learned Public Prosecutor, 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 coupled with the fact that possibility of final hearing of this revision 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 on
his furnishing 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 24/02/2025 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.
3 CRA-11669-2024
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.
Accordingly, the I.A. stands allowed and disposed off.
List for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
