[Cites 3, Cited by 0]
Madhya Pradesh High Court
Brajpal Singh Rao @ Brajpal Singh Lodhi vs Sunil Kumar Raghuvanshi on 19 December, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-6053-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 6053 of 2025
(BRAJPAL SINGH RAO @ BRAJPAL SINGH LODHI Vs SUNIL KUMAR RAGHUVANSHI )
Dated : 19-12-2025
Shri S.D. Mishra - Advocate for the applicant.
Ms. Samta Jain - Government Advocate for State of M.P.
It is submitted that the applicant is in jail and Vakalatanama has been
obtained from the Jailer, of Central Jail, Narsinghpur.
Heard on I.A. No.29937/2025, an application for condonation of
delay.
It is allowed and delay in filing of this revision is condoned.
Call for the record.
Heard on admission.
The revision is admitted for final hearing.
On payment of PF within seven working days, let notice be issued to
the respondent.
Also heard on IA No.29936/2025 an application under Section 397 (1)
of Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on
behalf of applicant - Brajpal Singh Rao @ Brajpal Singh Lodhi.
The applicant is aggrieved of the judgment dated 13.12.2022 passed
by the learned Fourth Additional Session Judge, District Narsinghpur ,
(M.P.) in Cr.A. No.145 of 2022 whereby the judgment of the trial court is
affirmed arising out of the judgment dated 28.06.2022 passed by the learned
Judicial Magistrate, First Class, District Narsinghpur in SCNIA no. 365 of
2 CRR-6053-2025
2021, whereby, applicant has been convicted and sentenced to undergo S.I.
for one year and fine of Rs.4,00,000/- under Section 138 of Negotiable
Instruments act with default stipulation.
Learned counsel for the applicant submits that if applicant is in jail
from 13.12.2025 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, IA No.29936/2025 is allowed.
It is directed that subject to deposit of Rs.2 lacs 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 on 9th of March 2026 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.
It is made clear that deposit of Rs. 2 lacs shall be a pre condition for
3 CRR-6053-2025
grant of bail and if any amount deposited under the head of fine amount shall
be adjusted in Rs.2 las.
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
