[Cites 3, Cited by 0]
Madhya Pradesh High Court
Shivvrat Singh Gond vs The State Of Madhya Pradesh on 27 January, 2026
1 CRA-6940-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6940 of 2024
(SHIVVRAT SINGH GOND AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 27-01-2026
Shri Prakhar Naveriya - Advocate for appellant No.2/Shamsher Ali.
Shri Dharmendra Kumar Shah - Advocate for appellant
No.3/Gulabuddin @ Chhotu.
Shri D.R. Vishwakarma - Public Prosecutor for respondent/State.
Heard on admission.
Appeal being arguable is admitted for final hearing.
Also heard on I.A. Nos.961/2025 and 24757/2025, which are the
second and third applications 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 appellant No.2 and 3 respectively.
However, after after arguing at length, learned counsel appearing on
behalf of appellant No.2/Shamesher Ali, seeks withdrawal of I.A.
No.961/2025.
Prayer is allowed.
Accordingly, I.A. No.961/2025 is dismissed as withdrawn.
Thus, I.A. No.24757/2025, is being considered.
This Criminal Appeal assails the judgment dated 30.05.2024 passed by
the learned Special Judge under SC/ST (POA) Act, 1989, District Singrauli,
Headquarters Waidhan (M.P.), in SC ATR No.04/2017, whereby
appellant/Gulabuddin @ Chhotu along with other co-accused persons has
2 CRA-6940-2024
been convicted for offence punishable under Sections 366 (two counts), 342
(two counts) and 370(3) of IPC and sentenced to undergo ten years RI (each
count) and fine of Rs.5,000/-, one year RI (each count) and fine of Rs.3,000/-
and ten years RI and fine of Rs.5,000/- respectively with default stipulations.
It is submitted by learned counsel appearing on behalf of present
appellant/Gulabuddin @ Chhotu that the first application of the present
appellant was simply dismissed as withdrawn vide order dated 23.09.2024
whereas the second one was dismissed as withdrawn vide order dated
14.07.2025 granting liberty to renew the prayer after a period of six months.
Therefore, availing the said liberty, this third application has been filed. It is
also submitted that the present appellant has been convicted for ten years RI
and as per the custody report dated 12.11.2025, he has served 5 years, 9
month and 03 days of actual sentence as on 12.11.2025 and thereafter 2 and a
half month more have been elapsed, as such, the total period of custody is 5
years, 11 months and 18 days, therefore, he has suffered more than half of
the jail sentence awarded by the learned trial Court. 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 renders the prosecution story doubtful. It is further
submitted that the present appellant has a good case on merit. He has no
criminal antecedents. The final disposal of this appeal will take considerable
time. The present 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.
3 CRA-6940-2024
Per contra, learned counsel for State has vehemently opposed the
prayer made by learned counsel for the appellant and prayed for rejection of
application.
Having heard the rival contentions of learned counsel for the parties,
after perusal of 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.24757/2025 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/Gulabuddin @ Chhotu 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
11.05.2026 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/-
