Diwan vs The State Of Madhya Pradesh
2025 Latest Caselaw 173 MP

Madhya Pradesh High Court

Diwan vs The State Of Madhya Pradesh on 1 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                              1                            CRA-2790-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 2790 of 2024
                                                 (DIWAN Vs THE STATE OF MADHYA PRADESH )



                           Dated : 01-05-2025
                                 Shri Shantanu Sharma - Advocate for the appellant.
                                 Shri H.S.Rathore - G.A. for respondent/State.

Heard on I.A.No. 2324/2025, which is first application under Section 430 of BNSS (389(1) of Cr.P.C.) for suspension jail sentence and grant of bail filed on behalf of the appellant- Diwan s/o Ramsingh Vasuniya arising

out of judgment dated 27.12.2023 delivered in S.T. No.158/2021 by Additional Sessions Judge, Jobat, district Alirajpur.

The appellants have been convicted for offence under Sections 302/149 and 323/149 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.1,000/- and 3 months R.I. with fine of Rs.500/- each with usual default stipulation.

As per prosecution story on 11.05.2021 on account of collusion of Bolero vehicle with motorcycle, Bolero vehicle was detained. Suwarsingh, Kalu, Niyalsingh, Chandaria along with their companions armed with

wooden stick (lathi) and stone used filthy language and started beating Bhadu, Ruma and Khuma, Bhishan, Thawaria, Dasham, and Puna sitting in the pickup vehicle came there and intervened and they were also assaulted. Bhishan fell on the road due to injury on his head by wooden stick (lathi). The matter was reported to the concerned police station where report was lodged and offence was registered under Sections 147,148,149,427,307 and

2 CRA-2790-2024 302 of IPC against the accused persons.

Learned counsel for the appellant while taking exception to this impugned judgment submits that appellant is innocent and has been falsely implicated in this matter. He further submits that neither in FIR Ex.P-1, the appellant was named nor any of the alleged eye witness has named him as assailant casing injury to the deceased or injured persons. He has referred to the statements of prosecution witnesses Niyalsingh (PW-1), Thawaria (PW-

2), Bhadu (PW-3), Dasham (PW-4), Ruma (PW-5), Khuma (PW-6) and Nanka (PW-7). He also submits that the wooden stick (lathi) has been allegedly seized from Noorsingh and Rakesh, but no blood stain has been found and no DNA report has been obtained. The judgment is full of conjectures and surmises. Serious infirmities has surfaced in the prosecution

evidence which have been ignored by the learned trial Court while passing the impugned judgment. He further submits that the appellant has fair chances of success in appeal. The appeal being of the year 2024, final hearing of this appeal is not possible in near future. Hence, under such circumstances prays for suspension of jail sentence and grant of bail to the appellant.

Per contra, learned Government Advocate 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.

3 CRA-2790-2024 Considering the aforesaid factual backdrop, and the evidence on record, coupled with the fact that possibility of final hearing of this appeal in near future is bleak, without expressing any conclusive opinion on merits, we find it to be a fit case to suspend the remaining custodial sentence of the appellant.

Accordingly, I.A.No.2324/2025 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 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 his appearance before the Registry of this Court on 16.10.2025 and on all such subsequent dates, which are fixed in this regard.

In view of above, I.A.No.2324/2025 stands disposed off. Certified copy as per rules.

                                    (VIVEK RUSIA)                                (GAJENDRA SINGH)
                                        JUDGE                                         JUDGE
                           Vatan