Madhya Pradesh High Court
Shishupal Shakya vs The State Of Madhya Pradesh on 13 March, 2025
1 CRA-2376-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 2376 of 2025
(SHISHUPAL SHAKYA Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 13-03-2025 (Heard through V.C.)
Shri Vishal Singh Bhadoriya - Advocate for the appellant.
Shri Harish Sharma - Public Prosecutor for respondent No.1/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Record of the Court below be requisitioned.
Also heard on I.A.No.4975/2025, first application under Section
389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail
on behalf of the appellant- Shishupal Shakya.
The appellant stands convicted under Section 354 of IPC and
sentenced to undergo 2 years R.I. with fine of Rs.1,000/- and under Section 8
of POCSO Act and sentenced to undergo 3 years R.I. with fine of Rs.1,000/-,
respectively, with usual default stipulations.
Learned counsel for the appellant, while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. He further submits that this is a case of short
sentence where appellant has been awarded 3 years imprisonment. The trial
Court has been pleased to grant suspension of sentence which is effective till
today. He has fair chance of success in the appeal. Final hearing of this
appeal appears not possible in near future, looking to the huge pendency.
Under such circumstances, a prayer has been made for suspension of jail
2 CRA-2376-2025
sentence and grant of bail during pendency of this appeal.
Per contra, learned counsel for the respondent/State opposes the
prayer, regard being had to the nature and gravity of the offence found
proved against the present appellant.
Heard learned counsel for the parties and perused the record.
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 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 24/04/2025
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
3 CRA-2376-2025
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
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.
An application for urgent hearing vide I.A. No.5815/2025 also stands
disposed of.
List for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
Adnan
