Modsingh vs The State Of Madhya Pradesh
2025 Latest Caselaw 302 MP

Madhya Pradesh High Court

Modsingh vs The State Of Madhya Pradesh on 2 May, 2025

                                                           1                             CRA-6494-2024
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                   CRA No. 6494 of 2024
                                            (MODSINGH Vs THE STATE OF MADHYA PRADESH )



                         Dated : 02-05-2025
                               Appellant by Shri Govind Pal Singh Songara - Advocate.
                               Respondent - State of Madhya Pradesh by Shri Rajendra Singh

Suryavanshi - Government Advocate appearing on behalf of Advocate General.

Heard on IA No.18129 of 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 appellant - Mod Singh S/o Prabhulal Soundhya .

Vide judgment of conviction and order of sentence dated 30.04.2024 passed in Sessions Trial No.280 of 2017 by learned Second Additional Sessions Judge, Rajgarh, District Rajgarh (MP), the appellant stands convicted under Section 409 of Indian Penal Code, 1860 and sentenced to undergo five years RI with fine of Rs.25,000/- with usual default stipulation.

Learned counsel for the appellant submits that the appellant was a

Panchayat Secretary in Gram Panchayat, Waghela, Tehsil Khilchipur, District Rajgarh (MP). The allegation against the appellant is that he embezzled an amount of Rs.5,79,584/-. Learned counsel submits that an amount of Rs.2,94,609/- has been deposited in the Government Treasury on 22.03.2014, which has been mentioned in paragraph No.44 of the impugned judgment itself. He further submits that for construction of Bharat Nirman

2 CRA-6494-2024 Rajiv Gandhi Seva Bhawanan for an amount of Rs.2,84, 975/- was completed. To buttress his submissions, learned counsel has invited attention of this Court towards statement of PW-16 Biram Singh Chouhan. It is further submitted that the evidence available on the record is not sufficient to connect the appellant with the alleged crime. He has suffered incarceration one year. 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 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, has opposed the prayer and prays for dismissal of the application.

Heard learned counsel for the parties and perused the record. In the aforesaid factual backdrop, looking to the evidence in entirety as also the period of custody of the appellant and 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

3 CRA-6494-2024 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 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

4 CRA-6494-2024 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

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