Madhya Pradesh High Court
Asha Devi vs The State Of Madhya Pradesh on 21 March, 2025
1 CRA-12129-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12129 of 2024
(ASHA DEVI AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 21-03-2025
Shri Abhay Saraswat, learned counsel for the appellant.
Shri Rahul Solanki, learned Public Prosecutor for the respondent/State.
Heard on IA No.2784/2025 which is an application for urgent hearing.
On due consideration, IA is disposed of.
Also heard on I.A.No.2786/2025, first application under Section
430(1) 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 No.1 Asha Devi and appellant No.3 Sandeep.
The appellant No.1 Asha Devi stands convicted under Section 420/34,
409/34, 467/34, 471/34 of Indian Penal Code, 1860 and sentenced to
undergo 5 years RI with fine of Rs.50,000/-, sentenced to undergo 3 years RI
with fine of Rs.50,000/-, sentenced to undergo 5 years RI with fine of
Rs.20,000/- and sentenced to undergo 1 year RI with fine of Rs.1000/-
respectively with usual default stipulation.
The appellant No.3 Sandeep stands convicted under Section 420/34,
406/34, 467/34, 471/34 of Indian Penal Code, 1860 and sentenced to
undergo 7 years RI with fine of Rs.50,000/-, sentenced to undergo 3 years RI
with fine of Rs.50,000/-, sentenced to undergo 5 years RI with fine of
Rs.20,000/- and sentenced to undergo 1 year RI with fine of Rs.1000/-
respectively with usual default stipulation.
2 CRA-12129-2024
Learned counsel for the appellants while taking exception to this
impugned judgment submits that appellants are innocent and they have been
falsely implicated in this matter. Trial Court has not appreciated 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 and has been passed ignoring serious infirmities and
anomalies. It is further submitted that present appellants have so far suffered
jail incarceration of 4 years and 23 days. 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 appellants. 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 appellants.
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, without expressing any
conclusive opinion on merits, I find it to be a fit case to suspend the
remaining custodial sentence of the appellants.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
3 CRA-12129-2024
the appeal is hereby suspended and it is directed that appellants No.1 & 3 be
released on bail on their furnishing personal bond in sum of Rs.50,000/-
(Rupees Fifty Thousand Only) each with separate solvent surety in the like
amount to the satisfaction of learned trial Court for compliance with
following conditions:-
(1) The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellants shall appear before the Trial Court on 06/05/2025 and
on such further dates as may be directed by the Trial Court;
(3) The appellants 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 appellants 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
4 CRA-12129-2024
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
soumya
