Madhya Pradesh High Court
Ashiq vs The State Of Madhya Pradesh on 14 February, 2025
1 CRR-449-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 449 of 2025
(ASHIQ Vs THE STATE OF MADHYA PRADESH )
Dated : 14-02-2025
Shri Rakesh Kumar Sharma, learned counsel for the applicant.
Shri Kamal Kumar Tiwari, 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.1383/2025, 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 the applicant- Ashiq S/o Hajji Mohammad
Hussain.
The applicant stands convicted by the trial Court under Section 406 of IPC
and sentenced to undergo 1 year R.I. with fine of Rs.2,000/- with default
stipulation and the order of conviction and sentence has been partly allowed by the
appellate Court by 3 months R.I. with fine of Rs.10,000/- with default stipulation.
Learned counsel for the applicant while taking exception to this impugned
judgments submits that applicant is innocent and he has been falsely implicated in
this matter. He is suffering incarceration since 25.01.2025. Both the Courts below
have not appreciated the evidence in its right perspective. Impugned judgments
suffer from surmises and conjectures. There are fair chances of success in
revision. This revision being of the year 2025 is not likely to be heard finally in
near future. Hence, under such circumstances prayer is made for allowing the
application and for suspension of conviction.
2 CRR-449-2025
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.
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 applicant.
Accordingly, application is allowed. S ubject 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 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 fine (if not deposited)
forthwith;
(2) The applicant shall appear before the Trial Court on 25/03/2025 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.
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
3 CRR-449-2025
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.
List for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
