Rajkumar vs The State Of Madhya Pradesh
2025 Latest Caselaw 5831 MP

Madhya Pradesh High Court

Rajkumar vs The State Of Madhya Pradesh on 21 March, 2025

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                                               1                                CRR-898-2025
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                        CRR No. 898 of 2025
                                                (RAJKUMAR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 21-03-2025
                                  Shri Alokik Tiwari - Advocate for applicant.
                                  Shri Ajeet Rawat - Government Advocate for respondent/State.

Heard on admission.

This revision being arguable is admitted for final hearing. Also Heard on I.A. No.4767/2025, which is first application filed

under section 438 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the appellate Court for an offence punishable under Sections 279 & 304-A of IPC and sentenced to undergo R.I. for 3 months with fine of Rs.100/- and R.I. for 1 year with fine of Rs.500/-, with default stipulations.

Learned counsel for the applicant has submitted that the trial Court has not properly appreciated the oral and documentary evidence available on record. The maximum jail sentence awarded to the applicant is of 1 year.

Final disposal of this revision will take considerable time, therefore, the jail sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application and prayed for its rejection.

Heard learned counsel for the parties and perused the judgments of the courts below.

2 CRR-898-2025 Having heard the arguments and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this application is allowed.

It is directed that subject to depositing the fine amount, if not already deposited, and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of the applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 01.07.2025 and on

such other dates as may be fixed in this regard. The applicant shall regularly appear before the trial Court during the pendency of this revision without fail.

List the case for final hearing in due course.

(ANURADHA SHUKLA) JUDGE

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