Guthai @ Edal Adiwasi vs The State Of Madhya Pradesh
2025 Latest Caselaw 1759 MP

Madhya Pradesh High Court

Guthai @ Edal Adiwasi vs The State Of Madhya Pradesh on 18 July, 2025

Author: Anil Verma

Bench: Anil Verma

                                                                1                                    CRR-2901-2025
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                        CRR No. 2901 of 2025
                                           (GUTHAI @ EDAL ADIWASI Vs THE STATE OF MADHYA PRADESH )



                          Dated : 18-07-2025
                                Shri Nitin Goyal - Advocate for the applicant.

                                Shri Anurag Sharma - PP for the State.

                                Record of both the Courts below has been received.
                                2. Heard on I.A. No. 14026/2025 which is an application for urgent hearing.
                                3. matter is already taken up for hearing, therefore, application stands

                          disposed of.
                                4. Heard on the question of admission.
                                5. Revision being arguable is admitted for final hearing.
                                6. Heard on I.A. No.13399/2025, which is an application under Section
                          438(1) of Cr.P.C. for suspension of sentence and grant of bail.
                                7. The applicant has been convicted for the offence under Sections 354 of
                          IPC and sentenced to suffer one year RI with fine of Rs.1000/- and under Section
                          323 of IPC and sentenced to undergo three months' RI with fine of Rs.1000/- with
                          default stipulations which has been upheld by the appellate Court.
                                8. Learned counsel for the applicant contended that the applicant was on bail

                          during trial as well as appellate stage and he did not misuse the liberty. He is in
                          custody since 11.6.2025 i.e. from the date of judgment of Appellate Court. There
                          is a strong case in favour of the applicant. There is material omissions and
                          contradictions in the statement of the prosecution witnesses. Final conclusion of
                          this revision will take a long time. Hence, he prays for grant of bail and suspension
                          of remaining jail sentence of the applicant till the final disposal of this criminal
                          revision.

Signature Not Verified
Signed by: VISHAL
UPADHYAY
Signing time: 7/18/2025
6:39:20 PM
                                                                   2                                 CRR-2901-2025

                                   9. Per contra, learned Public Prosecutor for the respondent/State opposes the

application for suspension of sentence and prays for its rejection.

10. Judgement is perused.

11. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties, also taking note of the fact that the applicant was remained on bail during trial as well as before the appellate stage and final conclusion of this revision will take a long time, I deem it proper to suspend the remaining jail sentence of the applicant.

12. Accordingly, I.A. No.13399/2025 is allowed and the execution of remaining jail sentence of the applicant is hereby suspended till the final disposal of this Criminal Revision and it is ordered that applicant be released on bail on his depositing fine amount, if not already deposited, and upon furnishing a personal

bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the Trial Court, with a further direction to appear before the Registry of this Court on 17.10.2025 and on such other dates, as may be fixed by the Registry of this Court in this regard during the pendency of this revision.

13. Registry is directed to list the matter for final hearing in due course.

14. C.C. as per rules.

(ANIL VERMA) JUDGE

Vishal