Madhya Pradesh High Court

Shabaaz vs The State Of Madhya Pradesh on 9 June, 2025

                                                                 1                              CRR-2173-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRR No. 2173 of 2025
                                                  (SHABAAZ Vs THE STATE OF MADHYA PRADESH )


                           Dated : 09-06-2025

Shri Surendra Tuteja - Advocate for the applicant.

Shri Tarun Pagare - GA for State.

Heard on IA No.7988/2025, which is an application for urgent hearing during vacation.

IA is allowed.

Issue notice. Notice is accepted by learned Government Advocate. Record of the trial court as well as appellate court be requisitioned. Heard on I.A.No.6527/2025, which is an application under Section 438 of BNSS, 2023 (Section 397(1)of Cr.P.C) for suspension of remaining sentence on behalf of applicant.

The applicant has been convicted u/S.31 of the Domestic Violence Act and sentenced to undergo three months RI and fine of Rs.500/- with default stipulation by judgment dated 5.3.2025 passed by JMFC in Case No.518/2023. The applicant thereafter preferred Cr.A. No.55/2025 before the Sessions Judge, Dewas which was dismissed on 30.4.2025 and the conviction has been upheld.

Counsel for applicant submits that the applicant is in custody since 30.4.2025. He further submits that the revision will take considerable time in coming to an end. He prays for suspending the remaining jail sentence.

Government Advocate has opposed the application on the ground that the applicant has not complied with the order of maintenance passed by the JMFC.

Considering the fact that the applicant is in custody since 30.4.2025 and

2 CRR-2173-2025 there are bleak chances of disposal of the revision in near future, the application is allowed subject to payment of entire due maintenance amount in five equal monthly instalments by the applicant. First instalment will be paid before release. Thereafter the applicant will deposit the monthly instalments before the trial court and thereafter will deposit the amount of maintenance regularly and in case of default in making payment of the maintenance, this order will be treated as recalled. Subject to compliance of the above conditions upon depositing fine amount and upon furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Trial Court, for his appearance before the Registry of this Court firstly on 31.07.2025 and on such other dates, as may be fixed by the Registry in this regard, till final disposal of this appeal, the remaining part of jail sentence shall remain

suspended.

The application for suspension of sentence stands allowed and disposed of. Complainant shall be at liberty to withdraw the amount as per the order passed by JMFC.

List for admission after receipt of the record.

(VINAY SARAF) V. JUDGE