Madhya Pradesh High Court
Rambabu vs The State Of Madhya Pradesh on 30 January, 2025
1 CRR-6177-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 6177 of 2024
(RAMBABU Vs THE STATE OF MADHYA PRADESH )
Dated : 30-01-2025
Applicant by Shri Makhan Singh Sondhiya - Advocate.
Respondent - State of Madhya Pradesh by Shri Anand Bhatt - Public
Prosecutor appearing on behalf of Advocate General.
Heard on the question of admission.
The records of the Court below have been received.
Being arguable, the revision is admitted for final hearing.
Also heard on IA No.19739 of 2024 , first application under Section
438 read with Section 442(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 =
Section 397 (2) of Code of Criminal Procedure, 1973 for suspension of
remaining jail sentence and grant of bail on behalf of applicant Rambabu S/o
Kailash Shivhare.
Vide judgment dated 09.02.2021 passed in Criminal Case No.1122 of
2016 by learned Chief Judicial Magistrate, Rajgarh, District Rajgarh (MP),
the applicant stands convicted under Section 34 (2) of Madhya Pradesh
Excise Act, 1915 and sentenced to undergo RI for one year with fine of
Rs.25,000/- with usual default stipulation and the judgment / order of
conviction and sentence has been affirmed by the appellate Court.
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. Both the Courts below have not appreciated
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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. The applicant has been awarded a short sentence of one year
and out of which, he has already served out jail sentence of three months
including detention period during trial. The revision being of the year 2024
is not likely to be heard finally in near future. There is a strong case in 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.
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. 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 applicant be released
on bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
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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 10.03.2025
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 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
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intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
Certified copy as per rules.
(BINOD KUMAR DWIVEDI)
JUDGE
rcp
