Bittu @ Mohsin vs The State Of Madhya Pradesh
2025 Latest Caselaw 172 MP

Madhya Pradesh High Court

Bittu @ Mohsin vs The State Of Madhya Pradesh on 1 May, 2025

                                                              1                               CRA-10149-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 10149 of 2024
                                       (BITTU @ MOHSIN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-05-2025
                                 Shri Santosh Kumar Meena, learned counsel for the applicant.
                                 Shri Surendra Kumar Gupta, learned Public Prosecutor for the State.

                                 Heard on I.A.No.5613/2025, 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 No. 2 Firoz.
                                 The appellant stands convicted under Section 307/34 and 323/34 of
                           Indian Penal Code, 1860 and sentenced to undergo 5 years RI with fine of
                           Rs.1000/- and fine Rs.1000/- respectively 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. 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 appellant has so far suffered
                           jail incarceration of 2 years, 4 months and 25 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 appellant. Hence, under such circumstances prayer is
                           made for suspension of jail sentence and grant of bail.


Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 01-05-2025
18:29:41
                                                                2                          CRA-10149-2024
                                 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, looking to the period of custody, 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 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 18.06.2025 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-10149-2024 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. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

soumya