Madhya Pradesh High Court

Devendra vs The State Of Madhya Pradesh on 22 May, 2025

Author: Prem Narayan Singh

Bench: Prem Narayan Singh

                                                             1                                   CRA-2225-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 2225 of 2025
                                         (DEVENDRA Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 22-05-2025
                                 Shri Vikas Yadav - Advocate for the appellant.

                                 Shri Virendra Khadav - Govt. Advocate for the respondent/State.

Heard on I.A.No.7300/2025, an application for urgent hearing on vacation.

On due consideration I.A. No.7300/2025 is allowed.

Also heard on I.A.No.2917/2025, which is first application filed under Section 430 of BNSS (389 of Cr.P.C) for suspension of sentence on behalf of appellant Devendra.

The appellant stands convicted under Section 452, 323 of Indian Penal Code, 1860, 7/8 of POCSO Act and sentenced to undergo 2 years, 6 months and and 3 years R.I. respectively, with fine and usual default stipulations.

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 and has been passed ignoring serious infirmities and anomalies. It is further submitted that it is a case of short sentence and the jail sentence of the appellant was already suspended by trial Court till 19.03.2025 and this application has been filed on 25.02.2025 itself. The appeal being of the year 2025 is not likely to be heard finally in near future.

2 CRA-2225-2025 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.

Learned Govt. Advocate appearing for the State opposed the prayer and prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant; looking to the short sentence and also the fact that the trial Court has already suspended the jail sentence of the appellant without commenting on the merits of the case, the application is allowed.

It is directed that subject to depositing the fine amount, if already not deposited, the appellant be released on bail, on furnishing a personal bond in

the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 18/08/2025 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal.

Accordingly, both the applications stands allowed and disposed of.

(PREM NARAYAN SINGH) V. JUDGE

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