Madhya Pradesh High Court
Mahesh vs State Of Madhya Pradesh on 29 January, 2025
1 CRA-1157-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1157 of 2025
(MAHESH AND OTHERS Vs STATE OF MADHYA PRADESH )
Dated : 29-01-2025
Shri Vikaram Singh Bule, learned counsel for the appellant.
Shri Surendra Kumar Gupta, learned Government Advocate for the
respondent / State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.1352 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 Mahesh S/o
Bhanwarlal and appellant No.2 Sharad S/o Bhanwarlal seeking suspension of
remaining sentence of imprisonment and grant of bail.
The appellants stood convicted under Section 332 of Indian Penal Code,
1860 each and sentenced to undergo six months rigorous imprisonment with fine
of Rs.1,000/- each with default stipulations.
Learned counsel for the appellants submit 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 appellants without
appreciating the prosecution evidence properly.
Learned counsel further contends that the appellants have already suffered
incarceration of 40 days out of six months imprisonment. The appellants have fair
chances of success. Impugned judgment suffers from surmises and conjectures and
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has been passed ignoring serious infirmities and anomalies. 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 furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) each with one solvent surety each in the like amount to the satisfaction
of Trial Court for compliance with following conditions:-
(1). The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2). The appellants shall appear before the Trial Court on 03.03.2025
and on such further dates as may be directed by the Trial Court;
(3). The appellants shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on their
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 appellants on any date, on
sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High
Court Rules, 2008].
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Where the appellants do not appear on the date of their 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 their
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 appellants and their 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 appellants 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.
Certified copy, as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
Anushree
