Madhya Pradesh High Court
Surajsingh vs The State Of Madhya Pradesh on 13 March, 2025
1 CRA-11570-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 11570 of 2022
(SURAJSINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 13-03-2025
Appellant No.1 Surajsingh S/o Gangaram Saundhiya Rajput by Shri
Santosh Kumar Meena - Advocate.
Respondent - State of Madhya Pradesh by Shri Viraj Godha - Government
Advocate appearing on behalf of Advocate General.
Heard on IA No.882 of 2025 , a repeat ( sixth) application under Section 430
of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) = Section 389 (1) of
Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and
grant of bail filed on behalf of appellant No.1 Surajsingh S/o Gangaram
Saundhiya Rajput, arising out of judgment and order dated 02.12.2022 passed in
Sessions Trial No.1357 of 2018 by learned Additional Sessions Judge, Garoth,
District Mandsaur (MP).
The appellant stands convicted under Section 498-A and 304-B of Indian
Penal Code, 1860 and sentenced respectively to undergo rigorous imprisonment
for one year with fine of Rs.2,000/- and ten years along with usual default
stipulations.
Learned counsel for the appellant submits that the appellant has suffered
incarceration of two years, five months and twenty five days out of total ten years
rigorous imprisonment awarded to him. The allegations on all the accused
persons including the present appellant were near about the same and other co-
accused persons have been given benefit of suspension of the jail sentence. There
are material contradictions and omissions in the statement of the witnesses.
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Impugned judgment suffers from surmises and conjectures. It is further submitted
that the appeal being of the year 2022 is not likely to be heard finally in near
future. Hence, under such circumstances, a prayer is made for suspension of jail
sentence and grant of bail to the appellant.
Per contra , learned counsel appearing on behalf of the respondent - State
has opposed the prayer on the ground that the appellant is the main person who has
harassed mentally and physically the deceased, who committed suicide within a
period of three years from the date of marriage.
Heard learned counsel for the parties and perused the record.
In the aforesaid factual backdrop and looking to the evidence in entirety and
the allegation on the appellant coupled with the fact that possibility of final
hearing of this appeal in near future is bleak, 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, IA No.882 of 2025 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 -
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 25/04/2025 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
3 CRA-11570-2022
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 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.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
