Mukesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 325 MP

Madhya Pradesh High Court

Mukesh vs The State Of Madhya Pradesh on 5 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                             1                                  CRA-12033-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                     CRA No. 12033 of 2024
                                          (MUKESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                         Dated : 05-05-2025
                                  Shri Gaurav Sharma - Advocate for the appellant.
                                  Shri Sudeep Bhargava - Deputy Advocate General for the respondent /

State.

Heard on I.A.No.3745/2025, 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 Nilesh S/o Chagan Dabar respectively.

The appellant Nilesh stands convicted under Sections 302/149, 323/149, 323 (2 counts), 148 and 201 of Indian Penal Code, 1860 and sentenced to undergo Imprisonment for Life with fine of Rs.10,000/-; 03 months' RI with fine of Rs.1,000/-; 03 months' RI with fine of Rs.1,000/- (2 counts); 06 months RI with fine of Rs.1,000/-; and 02 years' RI with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellant submits that appellant is innocent

and has been falsely implicated in this matter. 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. It is further submitted that fatal injury has been caused by co-accused Dara @ Dhara Singh and appellant Nilesh has assaulted the injured persons for which he has been convicted under Section

2 CRA-12033-2024 323 on two counts. For the death of deceased Sohan, he has been convicted with the aid of Section 149 of IPC. Present appellant has so far suffered jail incarceration of near about 11 months. It is further submitted that the appeal being of the year 204 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 coupled with the fact that possibility of final hearing of this appeal in near future is bleak and also looking to the fact that identical accused persons have also been granted benefit of suspension of sentence by the order passed today in connected appeals, 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.3745/2025 is allowed. S ubject 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

3 CRA-12033-2024 the satisfaction of learned trial Court for his appearance before the Registry of this Court on 18/08/2025 and on all such subsequent dates, which are fixed in this regard.

Also heard on I.A.Nos.1422/2025, first applications under Section 430 of BNSS, 2023 for grant of temporary suspension of jail sentence on behalf

of the appellants Mukesh S/o Jhaabliya Katija.

The appellant Mukesh stands convicted under Sections 302, 323 (for injured Heeralal), 323 (2 counts for injured Krishna and Arjun), 148 and 201 Indian Penal Code, 1860 and sentenced to undergo Imprisonment for Life with fine of Rs.10,000/-; 03 months' RI with fine of Rs.1,000/-; 03 months' RI with fine of Rs.1,000/- (2 counts); 06 months RI with fine of Rs.1,000/-; and 02 years' RI with fine of Rs.1,000/- respectively with usual default stipulation.

In respect of appellant Mukesh, learned counsel submits that Janpad Panchayat, Naalcha has sanctioned some amount for construction of house under the scheme Aawas Plus 2024-25. He is praying for temporary suspension of 15 days so that he can withdraw the amount and get start the construction of his house.

Having regard to the reasons mentioned in the application, I.A.No.1422/2025 is allowed and it is directed that upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Trial Court, the jail sentence of the appellant Mukesh S/o Jhaabliya Katija shall remain

temporarily suspended for a period of fifteen days from the date of his

4 CRA-12033-2024 release.

The appellant is directed to surrender before the trial Court immediately after expiry of 15 days' period from the date of his release, failing which the trial Court shall take appropriate steps to take the appellant in custody.

Accordingly, the said IA is disposed off.

Registry is directed to list the appeal for final hearing in due course. Certified copy as per rules.

                                    (VIVEK RUSIA)                              (GAJENDRA SINGH)
                                        JUDGE                                       JUDGE
                         Tej