Madhya Pradesh High Court

Suresh Rathore vs The State Of Madhya Pradesh on 26 May, 2025

                                                             1                                CRA-4807-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      CRA No. 4807 of 2025
                                      (SURESH RATHORE AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 26-05-2025
                                Shri Akram Khan - Advocate for the appellants.
                                Shri Samar Ghuraiya - Public Prosecutor for the State.

                                I.A.No.11046/2025, an application for urgent hearing during summer
                          vacation, is allowed.
                                Heard on I.A.No.10427/2025, first application under Section 389(1) of

                          Cr.P.C. for suspension of remaining jail sentence and grant of bail on behalf
                          of the appellants - Suresh Rathore, Pooran Singh Rathore and Lalu @
                          Harendra Singh Rathore.
                                Vide judgment dated 06.05.2025 passed by the Special Judge, Morena,
                          in S.T.No.116/2017 the appellants stand convicted under Sections 323 (on
                          three counts) of IPC and Section 3(2)(va) (on three counts) of the Scheduled
                          Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
                          sentenced to undergo 3 months RI with fine of Rs.500/- for each of the
                          offences with usual default stipulation.

                                Learned counsel for the appellants while taking exception to this
                          impugned judgment submits that appellants are innocent and they 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. The jail sentence of the appellants has already been


Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 5/27/2025
1:27:34 PM
                                                              2                             CRA-4807-2025
                          suspended by the trial Court itself which is effective till 05.06.2025. 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 against the present appellants.

Heard and considered the rival submissions of the learned counsel for the parties and perused the material available on record.

Considering the aforesaid factual backdrop, all the facts and circumstances of the case, short sentence has been awarded, 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.50,000/- (Rupees Fifty Thousand Only) each with separate solvent sureties in the like amount to the satisfaction of learned trial Court for compliance with following conditions:-

3 CRA-4807-2025 (1) The appellants shall deposit the amount of fine (if not deposited) forthwith;

(2) The appellants 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 appellants 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 appellants 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 appellants 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 appellants 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.

4 CRA-4807-2025 Pending interlocutory application for urgent hearing during summer vacation, if any, also stands disposed off.

(BINOD KUMAR DWIVEDI) V. JUDGE

ms/-