Madhya Pradesh High Court
Shailu @ Shailendra Singh Tomar vs The State Of Madhya Pradesh on 26 May, 2025
1 CRA-4824-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 4824 of 2025
(SHAILU @ SHAILENDRA SINGH TOMAR Vs THE STATE OF MADHYA PRADESH )
Dated : 26-05-2025
HEARING THROUGH VIDEO CONFERENCING
Shri Munna Lal Tomar - Advocate for the appellant.
Shri Prabhat Pateriya- Public Prosecutor for the respondent/State.
Heard on I.A.No.10516/2015, 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 - Shailu @ Shailendra Singh Tomar.
The appellant stands convicted under Sections 25(1-B)(A) of Arms
Act and sentenced to undergo 2 years RI with fine of Rs.5000/- with 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 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 has suffered one year incarceration. The jail
sentence is only two years that has already been suspended by the learned
trial Court and he did not misuse the liberty granted to him. 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 appellant.
2 CRA-4824-2025
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 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 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 14/07/2025
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
3 CRA-4824-2025
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
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.
(BINOD KUMAR DWIVEDI)
VACATION JUDGE
mani
