Sunil vs The State Of Madhya Pradesh
2025 Latest Caselaw 889 MP

Madhya Pradesh High Court

Sunil vs The State Of Madhya Pradesh on 17 May, 2025

                                                               1                                 CRA-9197-2022
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                       CRA No. 9197 of 2022
                                            (SUNIL Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 17-05-2025
                                 Shri Vikas Rathi, learned counsel for the appellant.
                                 Shri Hemant Sharma, learned Public Prosecutor for the State.

                                 Heard on the question of admission.
                                 Record of the trial Court has been received.
                                 Being arguable, the appeal is admitted for final hearing.

                                 Also heard on I.A.No.11084/2024, second 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 appellant Sunil. First application was dismissed as
                           withdrawn vide order dated 01.12.2023 passed on IA No.3473/2023.
                                 The appellant stands convicted under Section 363 & 354 of Indian
                           Penal Code, 1860 and Section 7 r/w 8 of POCSO Act and sentenced to
                           undergo 5 years RI with fine of Rs.5000/-, 5 years RI with fine of Rs.5000/-
                           and 5 years RI with fine of Rs.5000/- respectively with usual default

                           stipulation.
                                 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. The appellant has been falsely implicated on
                           the apprehension that the appellant is going to kidnap the victim, aged about
                           3 years & 8 months. He further invites the attention of this Court towards


Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 17-05-2025
17:33:39
                                                              2                                 CRA-9197-2022
                           para-41 of the judgment and this is a case where the appellant was trying to
                           save the victim from the cattle. 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 has been passed ignoring serious infirmities and
                           anomalies. It is further submitted that present appellant has so far suffered
                           jail incarceration of 2 years and 8 months out of 5 years RI. The appeal being
                           of the year 2022 is not likely to be heard finally in near future. There is a
                           strong case in favour of the appellant. 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 appellant. However, he fairly admits that the appellant has suffered the period of custody is 3 years & 8 months which is more than half of the jail sentence awarded to him.

Heard learned counsel for the parties and perused the record. Considering the aforesaid factual backdrop, coupled with the period of custody, all the facts and circumstances of the case 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 appellant.

Accordingly, application is allowed. Subject to deposit of fine amount,

3 CRA-9197-2022 if not already deposited the remaining jail sentence during the pendency of the appeal is hereby suspended and it is directed that appellant be released on bail on his 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 24.06.2025 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 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

4 CRA-9197-2022 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. Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

soumya