Madan vs State Of Madhya Pradesh
2025 Latest Caselaw 6564 MP

Madhya Pradesh High Court

Madan vs State Of Madhya Pradesh on 26 May, 2025

                                                               1                              CRA-12624-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT INDORE
                                                       CRA No. 12624 of 2024
                                         (MADAN AND OTHERS Vs STATE OF MADHYA PRADESH AND OTHERS )



                          Dated : 26-05-2025
                                Appellants by Shri Mitesh Jain - Advocate.
                                Respondent - State of Madhya Pradesh by Shri Kamal Kumar Tiwari -

Government Advocate appearing on behalf of Advocate General.

Heard on the question of admission.

Perused the record of the trial Court.

Being arguable, the appeal is admitted for final hearing. Also heard on I.A.No.18295 of 2024 , 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 - Madan S/o Badrilal Bagri, appellant No.2 - Balram S/o Prabhulal and appellant No.3 - Vishal S/o Kailash Bagri .

Vide judgment of conviction and order of sentence dated 18.10.2024 passed in Sessions Trial No.31 of 2023 passed by learned Additional Sessions Judge, Khachrod, District Ujjain (MP), the present appellants stand

convicted under Sections 354 / 34 and 365 / 34 of Indian Penal Code, 1860 and also under Section 7 read with Section 8 of Protection of Children from Sexual Offences Act, 1912 and sentenced under each section to undergo three years rigorous imprisonment with fine of Rs.1,000/- with usual default stipulation.

Learned counsel for the appellants while taking exception to this

2 CRA-12624-2024 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. The jail sentence of the appellants has already been suspended by the trial Court itself which was effective till 18.11.2024, however, the appellants could not secure suspension of their jail sentence from this Court. It is also submitted that a short sentence of three years RI has been imposed on the appellant. It is further submitted that the appeal being of the year 2024 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. The appellants will abide by the terms and conditions of suspension of jail

sentence and grant of bail. 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 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,

3 CRA-12624-2024 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) 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 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

4 CRA-12624-2024 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) VACATION JUDGE

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