Madhya Pradesh High Court
Hemant vs The State Of Madhya Pradesh on 30 January, 2025
1 CRA-10992-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10992 of 2024
(HEMANT Vs THE STATE OF MADHYA PRADESH )
Dated : 30-01-2025
Shri Manoj Saxena, learned counsel for the appellant.
Shri Ajay Raj Gupta, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Record of the trial Court has been received.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.No.18728/2024, 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-Hemant S/o Govardhansingh Sisodiya.
The appellant stands convicted under Section 376(2)(N) and 342 of
IPC and sentenced to undergo 10 years R.I. with fine of Rs.5,000/- and 1
year R.I. with fine of Rs.2,000/- with usual default stipulation.
Learned counsel for the appellant while taking exception to this
impugned judgment submits that the allegation against the appellant was that
he has prepared video of objectionable/indecent scene at the time when other
co-accused have committed rape on the victim. He has drawn attention of
this Court to para 31 of the impugned judgment and submits that video has
not been seized or proved at the time of trial. The appellant is innocent and
he has been falsely implicated in this matter. Trial Court has not appreciated
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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 appellant was in
custody from 17.11.2022 to 17.08.2023 and thereafter from the date of
judgment i.e. 12.09.2024. The appeal being of the year 2024 is not 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. He further submits that appellant has acted in
conspiracy with the co-accused persons and the offence is heinous. The
victim (PW-1) and father of the victim (PW-2) have levelled specific
allegations against the appellant, therefore, prays for dismissal of the
suspension application.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case, allegations against the appellant has not been
proved by seizing the alleged videograph that has not been produced in
evidence, even after the statement of victim and his father with regard to this,
incarceration of the appellant for more than one year four months, coupled
with the fact that possibility of final hearing of this appeal in near future is
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bleak and period of incarceration, 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 03/03/2025
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 non-appearance is shown, the
Trial Court shall be authorized to issue non-bailable / bailable warrants to
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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
