Madhya Pradesh High Court
Kanha Yadav vs Aruna on 30 April, 2025
1 CRR-5873-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 5873 of 2024
(KANHA YADAV Vs ARUNA )
Dated : 30-04-2025
Shri Kanishka Gupta, Advocate for the applicant.
Heard on the question of admission.
Being arguable, the revision is admitted for final hearing.
Let notice by RAD mode be issued to the non-applicant on payment of process
fee within a period of seven working days. Notice be made returnable within eight
weeks.
Also heard on I.A. No.5929/2025, first application under Section 438 (1) of
Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail sentence
and grant of bail on behalf of applicant - Kanha Yadav S/o Santosh Yadav.
Vide judgment of conviction and order of sentence dated 19.10.2023 passed by
the JMFC, Neemuch in Criminal Case No.110/2020, the applicant stands convicted
under Section 138 of Negotiable Instruments Act, 1881 and sentenced to undergo RI
for 06 months with compensation amount of Rs.80,000/- with usual default stipulation;
and the judgment of conviction and order of sentence has been affirmed by the
Appellate Court.
Learned counsel for the applicant while taking exception to the impugned
judgments submits that applicant is innocent and he has 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 suffer from surmises and conjectures and have been
passed ignoring serious infirmities and anomalies. It is further submitted that present
applicant is suffering jail incarceration since 11.04.2025. The revision being of the
year 2024 is not likely to be heard finally in near future. There is a strong case in
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 30-04-2025
19:19:11
2 CRR-5873-2024
favour of the applicant. 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 applicant. He
further submits that only Rs.20,000/- has been deposited so far by the applicant.
Heard learned counsel for the parties and perused the available record.
Considering the aforesaid factual backdrop, all the facts and circumstances of the
case, looking to the evidence in entirety 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 applicant.
Accordingly, application is allowed subject to deposit of 50% of the
compensation amount before the concerned trial Court within a period of 30 days from
today, after adjusting the amount already deposited, if any, the remaining jail sentence
during the pendency of the revision is hereby suspended and it is directed that
applicant 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 applicant shall deposit the amount of compensation / fine (if any), as
directed, forthwith;
(2) The applicant 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 applicant shall ensure hearing of the revision on the date fixed for such
hearing and shall also ensure proper legal representation on his behalf, on the date
notified for hearing.
3 CRR-5873-2024
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 applicant 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 applicant 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 applicant and his 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 applicant 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, let the record be requisitioned.
Certified copy, as per Rules.
(BINOD KUMAR DWIVEDI)
JUDGE
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