Madhya Pradesh High Court

Kuldeep Makwana@Betu vs The State Of Madhya Pradesh on 2 May, 2025

                                                           1                           CRA-13940-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                CRA No. 13940 of 2024
                                     (KULDEEP MAKWANA@BETU Vs THE STATE OF MADHYA PRADESH )



                           Dated : 02-05-2025
                                 Shri Amit Yadav - Advocate for the appellant.
                                 Shri Rajendra Singh Suryavanshi - Public Prosecutor for the
                           respondent/State.

Heard on the question of admission.

Record of the trial Court has been received.

Being arguable, the appeal is admitted for final hearing. Also heard on I.A.No.19976/2024, 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- Kuldeep Makwana @ Betu S/o Ramesh Makwana.

The appellant stands convicted under Sections 363,366,354,354 A(1)(i) of IPC and Section 7/8 of POCSO Act and sentenced to undergo

3 years R.I. with fine of Rs.1,000/-, 3 years R.I. with fine of Rs.1,000/-, 3 years R.I. with fine of Rs.1,000/-, 3 years R.I. with fine of Rs.1,000/- and 3 years R.I. with fine of Rs.1,000/- 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

2 CRA-13940-2024 evidence in its right perspective. There are material contradictions and omissions in the statement of the witnesses. Impugned judgment suffers from surmises and conjectures. The appellant remained in custody from 24.02.2021 to 08.01.2022 i.e 317 days. The maximum sentence awarded is of three years. The jail sentence of the appellant was suspended by the trial Court and thereafter extended by this Court vide orders dated 06.01.2025 and 24.02.2025. It is further submitted that 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.

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, all the facts and circumstances of the case, short sentence has been awarded, coupled with the fact that possibility of final hearing of this appeal in near future is bleak and period of incarceration, 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

3 CRA-13940-2024 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 17/06/2025 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

4 CRA-13940-2024 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. List for final hearing in due course.

(BINOD KUMAR DWIVEDI) JUDGE