Madhya Pradesh High Court
Vijay Achale vs The State Of Madhya Pradesh on 29 January, 2025
1 CRA-753-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 753 of 2025
(VIJAY ACHALE Vs THE STATE OF MADHYA PRADESH )
Dated : 29-01-2025
Shri Anopam Chouhan, learned counsel for the appellant.
Shri Ajay Raj Gupta, learned Government Advocate for respondent /
State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Heard on IA No.1362 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 Vijay Achale S/o
Sahnkar seeking suspension of remaining sentence of imprisonment and
grant of bail.
The appellant stood convicted under Section 466/34-120-B of Indian
Penal Code, 1860 and sentenced to undergo four years rigorous
imprisonment with fine of Rs.2,000/- 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
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
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appellant without appreciating the prosecution evidence properly.
Learned counsel further contends that the appellant has already
suffered incarceration of two years and five months out of four years
imprisonment. Co-accused Gabbusingh has been granted benefit of
suspension of jail sentence. The appellant has fair chances of success.
Impugned judgment suffers from surmises and conjectures and 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 appellant may be
suspended and he may be enlarged on bail.
Per-contra, learned counsel for respondent - State opposes the
application on the ground that appellant was inconstant touch with the co-
accused Gabbusingh 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;
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(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, 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.
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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
Anushree
