Aakash @ Golu vs The State Of Madhya Pradesh
2025 Latest Caselaw 292 MP

Madhya Pradesh High Court

Aakash @ Golu vs The State Of Madhya Pradesh on 2 May, 2025

                                                             1                                CRA-2050-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 2050 of 2025
                                            (AAKASH @ GOLU Vs THE STATE OF MADHYA PRADESH )



                           Dated : 02-05-2025
                                 Shri Nilesh Dave, learned counsel for the appellant.

                                 Shri Surendra Kumar Gupta, learned Public Prosecutor for the state.

                                 Heard on the question of admission.
                                 Record of the trial Court has been received.
                                 Being arguable, the appeal is admitted for final hearing.

                                 On due consideration, IA No.3333/2025 stands disposed of.
                                 Also heard on I.A.No.3334/2025, 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 Aakash @ Golu.
                                 The appellant stands convicted under Section 304 (Part-II) (02 counts)
                           of Indian Penal Code, 1860, Section 184 of M.V. Act and 185 of M.V. Act
                           and sentenced to undergo 10 years RI on each count years RI with fine of
                           Rs.5000/- on each count, 1 year RI with fine of Rs.5000/- and 3 months RI

                           with fine of Rs.10,000/- respectively with usual default stipulation.
                                 Learned counsel for the appellant submits that it is a case of rash and
                           negligent driving wherein the vehicle turned turtle was driven by the
                           applicant himself wherein he survives but his wife and daughter sitting in the
                           vehicle drowned and passed away. Trial Court has not appreciated the
                           evidence in its right perspective. There are material contradictions and


Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 03-05-2025
13:05:16
                                                               2                                CRA-2050-2025
                           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 7 months and 27 days during the trial and
                           thereafter from the date of impugned judgment i.e. 07.02.2025. The appeal
                           being of the year 2025 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
                           respondent/State, has opposed the prayer on the ground that the appellant

was found in drunken state during medical examination which has resulted in accident, therefore, prays for dismissal of the application.

Heard learned counsel for the parties and perused the record. Considering the aforesaid factual backdrop, 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:-

3 CRA-2050-2025 (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 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.

4 CRA-2050-2025 Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

soumya