Madhya Pradesh High Court
Laxman vs The State Of Madhya Pradesh on 28 March, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRA-2379-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 2379 of 2025
(LAXMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 28-03-2025
Shri Banwari Lal Yadav advocate for the appellant.
Shri Madhusudan Yadav public prosecutor for State.
Record of the trial Court has been received.
Heard on the question of admission.
Being arguable, present appeal is admitted for hearing.
Also heard on I.A. No. 3135/2025, first application under Section 389
of CrPC/430 of Bharatiya Nagrik Suraksha Sanhita, 2023 moved on behalf
of appellant- Laxman seeking suspension of sentence and grant of bail.
Learned Counsel for the State submits that the victim has been
informed about filing of this application in compliance with mandate of
Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
Appellant stood convicted under Section 323/34 of IPC read with
Section 3(2)(va) of SC/ST Act and sentenced to undergo one year rigorous
imprisonment with fine of Rs. 1000/- with default stipulations vide judgment
of conviction and order of sentence dated 29.01.2025 passed by Special
Judge (SC/ST Act) Rajgadh Biaora in Special Case No. 207 of 2020.
Learned counsel for appellant, in addition to the grounds mentioned in
the application, submits that the impugned judgment passed by learned trial
court is based on assumption, conjectures and surmises. The trial court did
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 29-03-2025
12:24:59
2 CRA-2379-2025
not consider inherent inconsistency and improbabilities in the evidence of
injured and interested witness. The appellant was extended the benefit of bail
and he did not misuse the liberty during trial. On these grounds, learned
counsel prays that execution of remaining sentence of imprisonment of the
appellant be suspended and appellant be enlarged on bail.
Per contra, learned Counsel for respondent/State opposes the
application and prays for its rejection.
The contention of appellant have prima facie substance which deserve
consideration on merit. The appellant remained in judicial custody from
06.12.2020 to 08.12.2020. Appellant has been granted suspension of
sentence upto 29.03.2025 by the trial Court. There is no likelihood of
hearing of appeal in near future. 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-Laxman 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.50,000/- (Rupees Fifty
Thousand) with one solvent surety in the like amount to the satisfaction of
Trial Court for compliance with following conditions:-
(1). The appellant shall deposit the amount of fine (if not
deposited) forthwith;
3 CRA-2379-2025
(2). The appellant shall appear before the Trial Court on
30.6.2025 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 appellants 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 /
section 491 of BNSS, 2023 against such appellant and their 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
4 CRA-2379-2025
intimation to the Registry of this Court.
Accordingly, the I.A No. 3135/2025 stands allowed and disposed of.
List the matter for final hearing in due course.
CC as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
