Madhya Pradesh High Court
Jiven vs The State Of Madhya Pradesh on 25 March, 2025
1 CRA-202-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 202 of 2024
(JIVEN Vs THE STATE OF MADHYA PRADESH )
Dated : 25-03-2025
Shri Siraj Ahamad Khan, learned counsel for the appellant.
Shri Vinod Thakur, learned Public Prosecutor for the respondent/State.
Heard on I.A.No.2304/2025, first application under Section 430 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-Jivan S/o Tolaram. His first application for suspension of sentence
was dismissed as withdrawn with liberty to renew the prayer after completion of
six months in custody on 15.07.2024.
The appellant stands convicted under Sections 376 and 506(Par-11) of IPC
and sentenced to undergo 10 Years R.I. with fine of Rs.1,000/-, 1 year R.I with
fine of Rs.500/- with usual default stipulation.
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. There was dispute with regard to payment of money as victim was
labourer under the contractorship of the appellant. There is no DNA report. 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. It is further submitted that
present appellant has suffered jail sentence of 1 year 3 months and 2 days. 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. Hence,
2 CRA-202-2024
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 appellant.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and circumstances
of the case, evidence in entirety, 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 05/05/2025 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.
3 CRA-202-2024
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.
List for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
