Anil vs The State Of Madhya Pradesh
2025 Latest Caselaw 807 MP

Madhya Pradesh High Court

Anil vs The State Of Madhya Pradesh on 15 May, 2025

                                                             1                                 CRA-51-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                       CRA No. 51 of 2025
                                           (ANIL AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 15-05-2025
                                Appellants No.2 and 3 by Shri Yogesh Kumar Gupta - Advocate.
                                Respondent - State of Madhya Pradesh by Shri Tarun Pagare -

Government Advocate appearing on behalf of Advocate General.

Heard on IA No.1035 of 2025 , 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 No.2 - Sunil Korku S/o Shri Kalu Ji Korku and appellant No.3 - Suresh Korku S/o Shri Kalu Ji Korku .

Vide judgment of conviction and order of sentence dated 05.12.2024 passed in Sessions Trial No.46 of 2021 by learned Second Additional Sessions Judge, Kannod, District Dewas (MP), the present appellants stand\ convicted under Section 304 Part-I of Indian Penal Code, 1860 and have been sentenced to undergo rigorous imprisonment for a term of ten years with default stipulation.

Learned counsel for the appellants, while taking exception to this impugned judgment, submits that the present appellants are innocent and they have been falsely implicated in this matter. Learned counsel submits that the 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

2 CRA-51-2025 has been passed ignoring serious infirmities and anomalies.

It is further submitted that the allegation on appellant No.1 Anil S/o Shri Kalu Ji Korku is that he assaulted deceased Vijay S/o Guman Singh with fist on his chest and due to that injury, he succumbed to death. No allegation is on the present appellants (Sunil and Suresh). The only allegation against the present appellants is that they assaulted the deceased with kicks and fists. Learned counsel for the appellants has drawn attention of this Court towards paragraph No.7 of Ajay (PW-1) to the effect that though he has mentioned in his examination that Sunil and Suresh have also assaulted, but that is omission, which has been put to him and which has been proved. The appellants have suffered incarceration of seven months out of total ten years RI and they were on bail during trial. The judgment has

been passed ignoring infirmities.

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 have fair chances of success. Hence, under such circumstances prayer is made for suspension of jail sentence and grant of bail.

Per contra, learned counsel 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 learned counsel for the parties and perused the record. Considering the aforesaid factual backdrop, looking to the evidence in

3 CRA-51-2025 entirety and in support of allegation thereof and 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 a 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 23.06.2025 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

4 CRA-51-2025 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. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

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