[Cites 1, Cited by 0]
Madhya Pradesh High Court
Bisram vs Dinesh Kumar on 3 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-3713-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 3713 of 2025
(BISRAM Vs DINESH KUMAR )
Dated : 03-12-2025
Shri Dhanajay Shukla - Advocate for the applicant.
Records have already been received.
Notice sent to respondent is received back unserved. The address of
the complainant - Dinesh Kumar is the same as mentioned in the judgment of
the trial court dated 7.2.2023 passed in Cr.A. No.36 of 2023 by Second
Additional Sessions Judge, District Betul.
It is submitted that the applicant - Bisram is in jail from 12.11.2025 as
per order - sheet of the trial court dated 12.11.2025 the applicant has
surrendered before the J.M.F.C., Betul and he has been sent to jail.
Therefore in the facts and circumstances of the since records are
received, the revision is admitted for final hearing.
Also heard on I.A. No.18690/2025, an application under Section 438
of B.N.S.S., 2023 for suspension of remaining jail sentence and grant of bail
filed on behalf of applicant - Bisram.
The applicant is aggrieved of the judgment dated 24.7.2025 passed by
the learned Second Additional Session Judge, District Betul, (M.P.) in
CR.A. No.36/2023 whereby the appeal of the appellant therein has been
dismissed arising out of the judgment dated 7.02.2023 passed by the learned
Judicial Magistrate, First Class, District Betul in SCNI No.210 of 2018,
whereby, applicant has been convicted and sentenced to undergo R.I. for
2 CRR-3713-2025
two years and fine of Rs.3,00,000/- with default stipulation of R.I. for two
months under Section 138 of Negotiable Instrument Act.
Learned counsel for the appellant submits that if applicant is in jail
from 12.11.2025 till today and if he is not released on bail, then the purpose
of filing this revision would become futile. Therefore, it is prayed that
execution of jail sentence of the applicant be suspended and he be released
on bail.
Learned counsel for the respondent- State on the other hand supports
the impugned judgment and opposes the prayer for suspension of sentence.
Heard learned counsel for the parties.
After perusal of the record and hearing the arguments and the fact that
final hearing of this revision may take time, without expressing any opinion
on merits of the case, I deem it proper to suspend the remaining jail sentence
of the applicant.
Accordingly, I.A. No.18690/2025 is allowed.
It is directed that subject to deposit of Rs.1,50,000/- out the fine
amount in the trial court by the applicant and on his furnishing a personal
bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a
solvent surety in the like amount to the satisfaction of the Trial Court for his
appearance before the Trial Court on the dates as may be fixed by the Trial
Court, the execution of remaining part of jail sentence imposed upon
applicant shall remain suspended and he shall be released on bail till final
disposal of the revision.
Rs.1,50,000/- has to be paid to the complainant. If any amount is
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deposited then it shall adjusted by the trial court.
Applicant shall follow the conditions of Section 438 (3) for suspension
of sentence as under:-
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter;
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and,
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
List the case for final hearing in due course.
C.C. as per rule
(AVANINDRA KUMAR SINGH)
JUDGE
bks
