Madhya Pradesh High Court
Mohit vs The State Of Madhya Pradesh on 22 May, 2025
1 CRA-4294-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 4294 of 2025
(MOHIT AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 22-05-2025
Appellants by Shri Shadab Khan - Advocate.
Respondent - State of Madhya Pradesh by Shri Rahul Solanki -
Government Advocate appearing on behalf of Advocate General.
Heard on I.A.No.7208 of 2025 , first 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 appellant No.1 - Mohit S/o Rajesh Rathore and appellant No.2 -
Bhavesh S/o Lalit Dwivedi.
Vide judgment of conviction and order of sentence dated 27.03.2025
passed in Sessions Trial No.119 of 2022 passed by learned Seventh
Additional Sessions Judge, Ratlam, District Ratlam (MP), the present
appellants stand convicted under Section 397 of Indian Penal Code, 1860
and sentenced to undergo seven years rigorous imprisonment with fine of
Rs.500/- with usual default stipulation.
Learned counsel for the appellants while taking exception to this
impugned judgment submits that appellants are innocent and the have 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.
2 CRA-4294-2025
Learned counsel for the appellants further submits that the appellants
have been falsely implicated in the case. FIR was registered at the behest of
complainant Priyesh Sharma (PW-1) that 3-4 unknown persons / miscreants
have committed loot with him and they were armed with pistol and other
bamboo sticks. It is further submitted that from possession of these
appellants bamboo stick with cash has been recovered and from appellant
No.1 Kartik one pistol along with cash was also recovered, but no other item
allegedly looted from the complainant, from the possession of appellant No.2
Yashwant gold bangle along with cash has been recovered and from
appellant No.3 Kuldeep (in Criminal Appeal No.3869 of 2025) bamboo with
cash has been recovered. Bangle was though identified in TIP, but at the
time of recording of statement, it has not been shown and has not been
identified before the Court. Similarly Mohit and Bhavesh (in Criminal
Appeal No.4294 of 2025) cash has been so recovered from them and cash
was not having any identifiable mark. They are suffering incarceration since
near about ten months after judgment and during trial. It is further submitted
that 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 appellants and fair chance of
success. 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
3 CRA-4294-2025
against the present appellants. It is also submitted that there are 1 - 2
criminal antecedents against the appellants.
Heard and considered the rival submissions of the learned counsel for
the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case, looking to the custody and the evidence available
on record 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
appellants.
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 appellants be released
on bail upon each of them furnishing personal bond in sum of Rs.1,00,000/-
(Rupees One Lakh 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 26/06/2025
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
4 CRA-4294-2025
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.
List for final hearing in due course.
Pending interlocutory application for urgent hearing during summer
vacation, if any, also stands disposed off.
(BINOD KUMAR DWIVEDI)
V. JUDGE
rcp
