Madhya Pradesh High Court
Anil vs The State Of Madhya Pradesh on 20 June, 2025
1 CRA-5186-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 5186 of 2025
(ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH )
CRA/5061/2025
Dated : 20-06-2025
Shri Pankaj Pande - Advocate for the appellants in CRA No.5186/2025.
Shri Gaurav Verma- Advocate for the appellant in CRA No.5061/2025.
Shri Tarun Pagare- G.A. for the State.
Heard on the question of admission.
These criminal appeal are admitted for final hearing.
3. Also, heard on I.A. No.7410/2025, which is first application filed under
Section 430 of B.N.S.S., 2023 on behalf of the appellant No.1- Anil Chouhan and
appellant no.2 Abhishek Shekawat for grant of bail and suspension of remaining
jail sentence. Also Heard on I.A. No.7111/2025 , which is first application filed
under Section 430 of B.N.S.S., 2023 on behalf of the appellant-
Subhash@Shubhraj.
4. The appellants have been convicted for the offence punishable under
Section 331(8) of the B.N.S. and sentenced to undergo 5 years R.I. with fine of
Rs.5000/- with default stipulation.
5. Learned counsel for the appellants submit that the appellants are innocent
and they have falsely been implicated in this matter. It is further submitted that the
appellants have fair chances of success in this appeal. There is no possibility of
final hearing in near future. On these grounds, learned counsel prays for
suspension of jail sentence and grant of bail to the appellants during pendency of
this appeal.
6 . Per contra , learned counsel appearing on behalf of respondent / State
supported the judgment and prays for rejection of the applications.
2 CRA-5186-2025
7. Considering the statement of the victim (P.W.-1) in paragraph 19 and 20
of the impugned order, without commenting on the merits of the case, this court is
of the considered opinion that the application for suspension of custodial sentence
filed on behalf the appellants deserves to be allowed. Accordingly, I.A.
No.7410/2025 and I.A. No.7111/2025 are allowed and the execution of remaining
jail sentence of the appellants- Anil Chouhan, Abhishek Shekawat and
Subhash@Shubraj are hereby suspended till the final disposal of this appeal and it
is ordered that the appellants shall be released on bail on their depositing the fine
amount, if not already deposited, and upon furnishing a personal bond for a sum of
Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the
like amount to the satisfaction of the trial Court, with a further direction to appear
before the Registry of this Court on 10.11.2025 and on such other dates, as may be
fixed by the Registry of this Court in this regard during the pendency of this
appeal.
8. Record of the court below be called for.
C.C. as per rules.
(GAJENDRA SINGH)
JUDGE
ajit
