Madhya Pradesh High Court
Rakesh vs State Of Madhya Pradesh on 3 April, 2025
1 CRR-1463-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1463 of 2025
(RAKESH AND OTHERS Vs STATE OF MADHYA PRADESH )
Dated : 03-04-2025
Shri Ashay Jain, learned counsel for the applicant.
Shri Hemant Sharma, learned Public Prosecutor for the
respondent/State.
Heard on the question of admission.
Being arguable, the revision is admitted for final hearing.
Also heard on I.A.No.4735/2025, first application under Section
442(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of
remaining jail sentence and grant of bail on behalf of applicants No.1 to 3 -
Rakesh S/o Nagu Meda; Ramesh S/o Pangu Meda and Sunil S/o
Chhatarsingh Meda.
The applicants stand convicted under Sections 147 and 323/149 (5
counts), 325/149, 147, 323/149(5 counts) of IPC; Section 325/149, 147,
323/149(5 counts) of IPC and Section 325/149 of IPC and sentenced to
undergo 1 month R.I. with fine of Rs,500/-(for each count), 1 year R.I. with
fine of Rs.1,000/-, 1 month R.I. with fine of Rs.500/- (for each count); 1 year
R.I with fine of Rs.1,000/-, 1 month R.I. with fine of Rs.500/- (for each
count) and 1 year R.I. with fine of Rs.1,000/- respectively with usual default
stipulation and the order of conviction and sentence has been affirmed by the
appellate Court.
Learned counsel for the applicants while taking exception to this
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impugned judgments submits that applicants are innocent and they have been
falsely implicated in this matter. Both the Courts below have not appreciated
the evidence in its right perspective. There are material contradictions and
omissions in the statement of the witnesses. Impugned judgments suffers
from surmises and conjectures and have been passed ignoring serious
infirmities and anomalies. It is further submitted that present applicants are in
jail since 20/03/2025 and it is a case of short sentence of one year. The
revision being of the year 2025 is not likely to be heard finally in near future.
There is a strong case in favour of the applicants. 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 judgments 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 applicants.
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
hearing of this revision 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 applicants.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
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the revision is hereby suspended and it is directed that applicants 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 applicants shall deposit the amount of fine (if not deposited)
forthwith;
(2) The applicants shall appear before the Trial Court on 15/05/2025
and on such further dates as may be directed by the Trial Court;
(3) The applicants shall ensure hearing of the revision on the date
fixed for such hearing and shall also ensure proper legal representation on
their 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 applicants 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 applicants do not appear on the date of their 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 applicants and their surety without
any reference to this Court and without any impediment of the order granting
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bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest / surrender in compliance with the warrant, the applicants
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.
In the meantime, record of both the Courts below be requisitioned.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
