Madhya Pradesh High Court
Narendra Arya vs The State Of Madhya Pradesh on 23 January, 2025
1 CRA-7918-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7918 of 2024
(NARENDRA ARYA Vs THE STATE OF MADHYA PRADESH )
Dated : 23-01-2025
Shri Vivek Singh, learned senior counsel with Shri Juned Ahmed
Khan, learned counsel for the appellant.
Shri Virendra Khadav, learned counsel for the respondent/State.
Heard on the question of admission.
2. The present criminal appeal is admitted for final hearing.
3. Also heard on I.A. No.15585/2024 , which is the First application for
suspension of remaining jail sentence and grant of bail filed on behalf of the
applicant -Narendra Arya.
4. The applicant has been convicted under Section 304(B) IPC and
sentenced to undergo 7 years' R.I. and under Section 498 (A) of IPC and
sentenced to undergo 2 years' R.I. with fine of Rs.5000/- with default
stipulation.
5. Learned counsel for the applicant submits that the applicant has been
falsely implicated in this matter. Trial Court has not appreciated the evidence
in its right perspective. Omnibus allegations have been levelled against the
appellant. There are material contradictions and omissions in the statements
of the witnesses and other three co-accused have been acquitted. Impugned
judgment suffers from surmises and conjectures and has been passed
ignoring serious anomalies. The appellant has fair chances of success in this
criminal appeal. Final hearing of this appeal may take time as the appeal is of
the year 2024. On these miscellaneous grounds, he prays for suspension of
2 CRA-7918-2024
remaining part of the jail sentence of the appellant till pendency of this
appeal.
6 . Per contra, learned counsel for the respondent / State opposes the prayer
on the ground that sufficient evidence are available against the applicant and
prays for rejection of the application.
7 . Considering the aforesaid factual backdrop, all the facts and
circumstances of the case 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.
8. Accordingly, I.A. No.15585/2024 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 -
(i) The appellant shall deposit the amount of fine (if not
deposited) forthwith;
(ii) The appellant shall appear before the Trial Court on
04/03/2025 and on such further dates as may be directed by the
Trial Court;
(iii) 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.
9. In case of breach of any of the aforementioned conditions, this order
3 CRA-7918-2024
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].
10. Where the appellant does 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.
11. 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].
12. 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.
13. I.A. No.15587/2024, an application for urgent hearing also stands
disposed of.
14. Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
N.R.
