Madhya Pradesh High Court
Anees Khan vs Makhan Singh on 6 March, 2025
1 CRR-483-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 483 of 2025
(ANEES KHAN Vs MAKHAN SINGH )
Dated : 06-03-2025
Shri Daniel Robert, learned counsel for the appellant.
Heard on the question of admission.
Issue notice to the respondent on payment of PF within 7 working
days by RAD mode, returnable within 8 weeks.
The records of the Court below have been received.
Being arguable, the revision is admitted for final hearing.
Also heard on IA No.1478 of 2025 , first application under Section 430
of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining
jail sentence and grant of bail on behalf of applicant Anees Khan.
Vide judgment and order dated 28.07.2023 passed in complaint Case
No.148/2021 by learned Judicial Magistrate First Class, Khilchipur, Dist.
Rajgarh (MP), applicant stands convicted under Section 138 of Negotiable
Instruments Act and sentenced to undergo rigorous imprisonment for a terms
of 3 months RI with fine of Rs.1,90,500/- with usual default stipulation and
this judgment / order of conviction and sentence has been affirmed by the
learned appellate Court.
Learned counsel for the applicant, while taking exception to this
impugned judgments, submits that the Courts below have not appreciated the
evidence in its right perspective. There are material contradictions and
omissions in the statement of the witnesses. Impugned judgments suffer from
2 CRR-483-2025
surmises and conjectures and have been passed ignoring serious infirmities
and anomalies. The applicant has been awarded a short sentence of 3 months
RI only. The revision being of the year 2025 is not likely to be heard finally
in near future. There is a strong case in favour of the applicants. Hence,
under such circumstances prayer is made for suspension of jail sentence and
grant of bail.
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 upon on furnishing a 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 21.04.2025
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
3 CRR-483-2025
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
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
soumya
