Madhya Pradesh High Court
Susheel Kumar vs The State Of Madhya Pradesh on 24 March, 2025
1 CRA-7648-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 7648 of 2024
(SUSHEEL KUMAR Vs THE STATE OF MADHYA PRADESH )
Dated : 24-03-2025
Appellant by Shri Laxmi Narayan Soni - Learned Senior Advocate
appearing along with Shri Manoj Silawat - Advocate.
Respondent - State of Madhya Pradesh by Shri Vinod Thakur -
Government Advocate appearing on behalf of Advocate General.
Heard o n I.A.No.3075 of 2025, a repeat (third) application under
Section 389 (1) of Code of Criminal Procedure, 1973 = Section 430 of Bharatiya
Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail sentence and
grant of bail on behalf of appellant Susheel Kumar S/o Uttamchandra Dosi .
Vide judgment of conviction and order of sentence dated 29.05.2024
passed in Special Sessions Trial bearing number SC/07 of 2022 by learned
Thirteen Additional Sessions Judge And Special Judge (under POCSO Act),
Indore (MP), the appellant stands convicted under Section 9 (m) read with
Section 10 of Protection of Children from Sexual Offences Act, 2012 and
sentenced to undergo five years RI with fine of Rs.2,000/- with usual default
stipulation.
Learned Senior Counsel appearing for the appellant, while taking
exception to this impugned judgment, submits that appellant is innocent and
he has been falsely implicated in this offence. It is submitted that it is a case
of false implication by referring to paragraphs No.3, 5 and 7 of statement of
victim and paragraphs No.5 and 7 of mother of the victim. Learned Senior
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Counsel submits that victim and her mother are habitual complainants. They
have admitted that earlier they also made a complaint of rape against some
other person, which has been disposed off / dismissed. Learned Senior
Counsel further submits that the 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. He has been suffered the jail incarceration of near about ten
months out of five years imprisonment. It is further submitted that 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 and fair chances of success. Hence,
under such circumstances, prayer is made for suspension of jail sentence and
grant of bail.
Per contra, learned counsel 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. Learned counsel submits that the victim is near about
eleven years and three months of age at the time of incident and there is no
reason to falsely implicate the appellant. He has also referred to paragraphs
No.15 and 16 of victim and her mother. Hence, learned counsel prays for
dismissal of the application.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, looking to the evidence in
entirety and the material available on record coupled with the fact that
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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, 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 -
(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
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.
Let the matter be listed for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
