Madhya Pradesh High Court
Pawan vs The State Of Madhya Pradesh on 26 March, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-10987-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10987 of 2024
(PAWAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 26-03-2025
Shri Shadab Khan advocate for the appellant.
Shri Madhusudan Yadav public prosecutor for State.
Heard on IA No.1912 of 2025, second application under Section 430
of Bharatiya Nagarik Suraksha Sanhita, 2023/389(1) of Cr.P.C. moved on
behalf of appellant - Pawan S/o Mohanlal Dholi seeking suspension of
remaining sentence of imprisonment and grant of bail.
Appellant stood convicted under Sections 354 of IPC r/w Section 3(2)
(va) and 3(1)(w)(i) of SC & ST(Prevention of Atrocities)Act and sentenced
to undergo 1-1 year rigorous imprisonment with fine of Rs.1,000-1,000/-
respectively with default stipulation, vide judgment of conviction and order
of sentence dated 30/08/2024, passed by Learned Special Judge, SC &
ST(Prevention of Atrocities)Act, Ratlam(M.P.) in Special Case
No.108/2019.
Learned Counsel for the appellant submits that this court has already
suspended the execution of remaining sentence of imprisonment of the
appellant vide order dated 20.11.2024. He could not furnish the bail for
suspension of sentence in compliance with the order dated 20.11.2024 as he
went out of the State in search of job. Trial Court issued warrant of arrest.
The appellant was apprehended on 30.1.2025. He is undergoing sentence of
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 26-03-2025
18:40:40
2 CRA-10987-2024
imprisonment for last two months.
Considered.
Per contra, learned Counsel for respondent/State opposes the
application and prays for its rejection.
Upon hearing learned Counsel for the parties, but without commenting
upon rival contentions touching merits of the case, this Court is of the view
that application deserves to be allowed. It is, accordingly directed that
execution of remaining sentence of imprisonment of the appellant-Pawan
shall remain suspended during pendency of this appeal and he shall be
enlarged on bail subject to furnishing personal bond in the sum of
Rs.1,00,000/- (Rupees One Lac Only) with one solvent surety in the like
amount to the satisfaction of Trial Court for compliance with following
conditions:-
(i). The appellant shall deposit the amount of fine (if not
deposited) forthwith;
(ii). The appellant shall appear before the Trial Court on
07.04.2025 and on such further dates as may be directed by the
Trial Court;
(iii). 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-10987-2024
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 does 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 CrPC 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 IA No.1912/2025 stands allowed and disposed of.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
4 CRA-10987-2024
