Harishchandra @ Bhola vs The State Of Madhya Pradesh
2025 Latest Caselaw 1803 MP

Madhya Pradesh High Court

Harishchandra @ Bhola vs The State Of Madhya Pradesh on 9 June, 2025

                                                               1                               CRR-2462-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRR No. 2462 of 2025
                                          (HARISHCHANDRA @ BHOLA Vs THE STATE OF MADHYA PRADESH )



                           Dated : 09-06-2025
                                 Shri Sanjay Kumar Sharma - Advocate for the applicant.

                                 Shri Sejal Swarnkar - Advocate for the respondent/complainant.

Shri Jayesh Yadav - Dy. Govt. Advocate for the respondent/State.

I.A.No.7449/2025 is taken up, which is an application for urgent hearing during vacation.

2. Considering the reasons assigned in the application, I.A. No.7449/2025 is allowed.

3. Matter is taken up for hearing.

4. Issue notice.

5. Notice is accepted by learned Dy. Govt. Advocate appearing on advance copy.

6. Learned counsel for the complainant is also present hence no further

notice is required.

7. Record of the trial court as well as appellate court be requisitioned.

8. Heard on I.A.No.7450/2025, which is an application for suspension of sentence.

9. Applicant has been convicted under Section 325 of the Indian Penal

2 CRR-2462-2025 Code, 1860 and sentenced to undergo 6 months R.I. with fine and default stipulation vide judgment dated 04.03.2025 passed by JMFC Dharampuri, District Dhar in Criminal Case No.88/2020. The judgment of conviction has been upheld by appellate Court vide order dated 29.04.2025 passed by First Additional Sessions Judge, District Dhar, in Cr.A. No.19/2025.

10. Counsel for the appellant submits that during trial, the applicant was on bail and parties have settled their dispute, one compromise application has also been filed. The applicant is having good case on merits and there are ample possibilities of success in the present revision petition. Hence counsel prays for suspension of remaining jail sentence during pendency of the present revision petition.

11. Counsel for the complainant supported the arguments advanced by learned counsel for the applicant and submitted that both the parties have settled their dispute and compromise application has been filed by the complainant.

12. Per contra, learned Government Advocate opposes the application on the ground that the trial Court has convicted the present applicant after due appreciation of evidence and hence no case is made out for grant of suspension of remaining sentence.

13. After considering the fact that the matter has been settled between the parties and offence is compoundable as per Section 320(2) of Cr.P.C., and there are bleak chances of disposal of the present revision petition in

3 CRR-2462-2025 near future, I deem it proper to suspend the remaining jail sentence of the applicant till decision of revision. Consequently, the application is allowed.

14. Upon depositing the fine amount, if already not deposited and on furnishing a personal bond of Rs.50,000/- (Rupees fifty thousand only) along with the surety of the said amount to the satisfaction of the trial court, the remaining jail sentence of the applicant shall remain suspended till decision of this revision and he shall be released on bail. The applicant shall appear before the Registry of this Court on 13.08.2025 and all other subsequent dates as may be fixed by the Registry in this behalf.

15. List for consideration of compromise application in the week commencing 07.07.2025.

(VINAY SARAF) V. JUDGE

sumathi