Madhya Pradesh High Court
Anil Ben vs The State Of Madhya Pradesh on 18 November, 2025
1 CRA-6742-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6742 of 2024
(ANIL BEN Vs THE STATE OF MADHYA PRADESH )
Dated : 18-11-2025
Shri Vishnu Kumar Upadhyay - Advocate for the appellant.
Ms. Nupur Dhamija - Public Prosecutor for the respondent/State.
Heard on I.A. No.13881/2024, an application for condonation of
delay.
On due consideration, I.A. No.13881/2024 is allowed. The delay
occurred in filing this appeal is hereby condoned.
Also heard on admission.
Appeal being arguable is admitted for final hearing.
Further heard on I.A. No.13631/2024, which is first application under
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ 389(1) of the
Code of Criminal Procedure for suspension of sentence and grant of bail to
present appellant.
This Criminal Appeal assails the judgment dated 27.02.2024 passed by the
learned Thirteenth Additional Sessions Judge, Jabalpur, District Jabalpur
(M.P.), in ST No.186/2018, whereby present appellant has been convicted
for offence punishable under Sections 205, 420, 467, 468 and 471 of IPC and
sentenced to undergo three years RI and fine of Rs.500/-, seven years RI and
fine of Rs.1,000/-, seven years RI and fine of Rs.1,000/-, seven years RI and
fine of Rs.1,000/- and seven years RI and fine of Rs.1,000/- respectively,
with default stipulations.
2 CRA-6742-2024
It is submitted by learned counsel appearing on behalf of present
appellant that the present appellant is in custody since the date of judgment
i.e. 27.02.2024. Earlier during trial he remained in jail for one month,
therefore, he has suffered more than 22 months in incarceration. It is further
submitted that the learned trial Court on the basis of opinion of finger print
expert has convicted the present appellant, but the bail papers Exs.P/16 and
P-17 are the papers which have been signed by Gotiram. Though Q-7 has
been found to be signed by the present appellant/Anil Ben but as per the
allegation of prosecution, the present appellant has signed/written the name
of Gotiram in bail papers. The signature as Anil Ben is not in dispute. It is
also not established by the prosecution that the photograph affixed on
Ex.P/16 was of present appellant. As regards Q-1 to Q-6, the report of finger
print expert is not conclusive as no definite opinion could be given by the
finger print expert in respect of Q-1 to Q-6. It is further submitted that there
are material contradictions, omissions, and variations in the testimonies of
the prosecution witnesses as well as inherent infirmities in the prosecution
case, which render the prosecution story doubtful. It is further submitted that
present appellant has a good case on merit. He has no criminal antecedents.
The final disposal of this appeal will take considerable time. The appellant is
ready to comply with the conditions as may be imposed by the Court.
Therefore, it is prayed that the remaining jail sentence of present appellant
may be suspended and he may be released on bail.
Per contra, learned counsel for State has vehemently opposed the
prayer made by learned counsel for the appellant and prayed for rejection of
3 CRA-6742-2024
application.
Having heard the rival contentions of learned counsel for the parties,
perused the record and keeping in view the attending facts and circumstances
of case, but without expressing any opinion on the merits of the case, I.A.
No.13631/2024 is allowed. It is directed that subject to depositing the entire
fine amount, if not already deposited, and on furnishing a personal bond of
Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like
amount to the satisfaction of the concerned trial Court, the remaining jail
sentence of present appellant shall remain suspended and he be released on
bail. The present appellant is further directed to mark his appearance before
the concerned trial Court on 16.02.2026 and on subsequent dates as may be
fixed by the trial Court in this regard, till final disposal of this appeal.
List the case for final hearing in due course.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
ac/-
