Madhya Pradesh High Court
Diwan vs The State Of Madhya Pradesh on 30 April, 2025
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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 1916 of 2025
(DIWAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 30-04-2025
Shri Ashay Jain, Advocate for the applicants.
Shri Hemant Sharma, Government Advocate for the non-applicant/State.
Heard on the question of admission.
Being arguable, the revision is admitted for final hearing.
Also heard on I.A.No.5858/2025, first application under Section 438 of
Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail
sentence and grant of bail on behalf of the applicants Diwan S/o Pangu Meda and
Father S/o Pangu Meda.
The applicants stand convicted by the Trial Court under Sections 147,
323/149 (5 counts) and 325/149 and sentenced each of them to undergo RI for 01
month with fine of Rs.500/-, RI for 01 month with fine of Rs.500/- (on each count)
and RI for 01 year 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 the 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 23.04.2025 and it is a
case of short sentence of one year. Co-accused persons have already been extended
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the benefit of suspension vide order dated 03.04.2025 passed in CRR
No.1463/2025. 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 counsel for the 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 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 17.06.2025 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
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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 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
gp
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