Prahlad Banjara vs The State Of Madhya Pradesh
2025 Latest Caselaw 188 MP

Madhya Pradesh High Court

Prahlad Banjara vs The State Of Madhya Pradesh on 1 May, 2025

                                                                1                                CRA-12558-2023
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRA No. 12558 of 2023
                                             (PRAHLAD BANJARA Vs THE STATE OF MADHYA PRADESH )


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

                                 Heard on IA No.6087/2025 which is second application under Section
                           430(1) 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.1 Prahlad Banjara. His first application was dismissed as
                           withdrawn vide order dated 27.01.2025 passed on IA.No.652/2025.
                                 The appellant stands convicted under Section 8 of Protection of Children
                           from Sexual Offences Act, 2012 and sentenced to undergo 3 years RI with fine of
                           Rs.5,000/- with usual default stipulation.
                                 Learned counsel for the appellant submits that the offence of the appellant
                           which has been proved under Section 8 of the POCSO Act for molesting the
                           victim, aged about 12 years and six months. He has been sentenced for a period of
                           3 years and he has suffered the jail sentence of 7 months. 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. The appeal being of the year 2023 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.
                                 Per contra, learned Public Prosecutor, appearing on behalf of the


Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 02-05-2025
11:39:45
                                                                 2                              CRA-12558-2023
                           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, coupled with 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.

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

3 CRA-12558-2023 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. Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE soumya