Madhya Pradesh High Court

Sharukh @ Aalu vs The State Of Madhya Pradesh on 17 May, 2025

                                                             1                                CRA-2805-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                      CRA No. 2805 of 2025
                                      (SHARUKH @ AALU AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 17-05-2025
                                 Shri Himanshu Thakur - Advocate for the appellant.
                                 Shri Vinod Thakur - Public Prosecutor for the respondent/State.

Heard on I.A.No.5338/2025, 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 the appellants - Sharukh @ Aalu S/o Salim @ Mithun Pathan, Sonu S/o Salim @ Mithun Pathan and Rahul S/o Parabhulal Mehar.

The appellants stand convicted under Sections 307(2 counts) r/w 149, 147,148 of IPC and sentenced to undergo 5 years RI(each count) with fine of Rs.1,000/-(each count), 3 months R.I. with fine of Rs.500/-, 6 months R.I. with fine of Rs.500/- respectively with usual default stipulation.

As per prosecution story on 05.03.2022 complainant Pawan has lodged FIR alleging that at about 8 P.M. complainant with injured Manish were returning back on motorcycle after taking action on the complaint of

Darsingh and when they reached in front of house of Ramprasad, accused persons armed with sword, knife and stick and on previous animosity intercepted the motorcycle with intention to kill Saddu @ Shadab assaulted Pawan on head and Firoz assaulted Manish on head with sword and as they bend down, the sword could not land on their body. Accused Bulbul assaulted Pawan on his chest by knife and other accused persons assaulted

2 CRA-2805-2025 with wooden stick. The incident was reported to the police station and accordingly FIR was lodged against the appellant.

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. He further submits that parties have entered into compromise. During trial the appellant-Sharukh @ Aalu was in custody from 07.03.2022 to 06.06.2022, appellant Sonu from 07.03.2022 to 06.06.2022, appellant-Rahul from 07.03.2022 to 46.06.2022 and the appellants after conviction were in custody from 21.02.2025 till date i.e total period of 6 months. 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.

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. Looking to the compromise, 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 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

3 CRA-2805-2025 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 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 on their furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with separate solvent surety each in the like amount to the satisfaction of learned trial Court for compliance with following conditions:-

(1) The appellants shall deposit the amount of fine (if not deposited) forthwith;

(2) The appellants shall appear before the Trial Court on 17.07.2025 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 appellants 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 their appearance

before the Trial Court and no sufficient cause for non-appearance is shown,

4 CRA-2805-2025 the Trial Court shall be authorized to issue non-bailable / bailable warrants to secure their 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 their sureties 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. List for final hearing in due course.

(BINOD KUMAR DWIVEDI) JUDGE