Laxman Singh Panwar vs The State Of Madhya Pradesh
2025 Latest Caselaw 762 MP

Madhya Pradesh High Court

Laxman Singh Panwar vs The State Of Madhya Pradesh on 14 May, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1                              CRA-2389-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 2389 of 2025
                                         (LAXMAN SINGH PANWAR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 14-05-2025
                                 Shri Laveesh Sethia advocate for the appellant.

                                 Shri Amit Raval public prosecutor for State.

                               Heard on the question of admission.
                               Being arguable, the appeal is admitted for final hearing.
                               Record of the trial Court has been received.
                               Also heard on I.A. No. 3148/2025 first application under Section 389 of
                           Cr.P.C. /Section 439 of Bharatiya Nagarik Suraksha Sanhita, 2023 moved on
                           behalf of appellant - Laxman Singh Panwar seeking suspension of sentence
                           and grant of bail.
                               Appellant stood convicted vide judgment of conviction and order of
                           sentence dated 10.02.2025 passed by 1st Additional Sessions Judge, Garoth
                           District Mandsaur      (M.P.) in Sessions Trial No. 255/2022 for offence
                           punishable under Section 452 of IPC and sentenced to undergo Rigorous
                           Imprisonment of two years with fine of R.1,000/- and further convicted u/S
                           325/34 of IPC and sentence to undergo Rigorous Imprisonment of two years
                           with fine of Rs. 1,000/- with default stipulation.
                             Learned Counsel for appellant, in addition to the grounds mentioned in the
                           application, submits that the impugned judgment passed by learned Trial
                           Court is based on assumption, conjectures and surmises. The learned trial
                           Committed error in relying evidence of witnesses ignoring the inherent
                           inconsistencies and improbabilities in their evidence. Learned counsel

Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 15-05-2025
10:24:23
                                                               2                           CRA-2389-2025

                           further submits the learned trial Court     has suspended his sentence of
                           imprisonment till 12.03.2025. He was on bail during trial and        has not
                           misused the liberty granted to him. There is no likelihood of hearing of
                           appeal in near future. On these grounds, learned Counsel prays that
                           execution of remaining jail sentence of appellant may be suspended and
                           appellant may be enlarged on bail.
                                        Per contra , learned Counsel for respondent/State opposes the

application and prays for its rejection.

The contentions of appellant has prima facie substance which deserve consideration on merit. The appellant remained in judicial custody from 06.03.2017 to 08.05.2017. The trial Court has suspended his sentence of

imprisonment till 12.03.2025.

Upon hearing learned Counsel for the parties, but without commenting upon rival contentions touching merits of the case, this Court is of the view that application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellant - Laxman Singh Panwar shall remain suspended during pendency of this appeal and he shall be enlarged on bail subject to furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of 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 the date as

3 CRA-2389-2025 may be fixed 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 does 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 CrPC/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 appellants shall be forwarded in custody to undergo sentence of imprisonment under intimation to the Registry of this Court.

Accordingly, IA No. 3148/2025 stands allowed and disposed of. List the matter for final hearing in due course.

(SANJEEV S KALGAONKAR) JUDGE

4 CRA-2389-2025 BDJ