Madhya Pradesh High Court
Devi Singh vs The State Of Madhya Pradesh on 26 March, 2025
Author: Sanjeev S Kalgaonkar
Bench: Sanjeev S Kalgaonkar
1 CRR-998-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 998 of 2025
(DEVI SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 26-03-2025
Shri Satanand Choubay advocate for the applicants.
Shri Rajesh Joshi public prosecutor for State.
Heard on the question of admission.
The revision petition is admitted for final hearing.
Also heard on IA No. 3168/2025, which is first application filed under
Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of jail
sentence filed on behalf of the petitioners- Devisingh and Rajpal.
The petitioners have been convicted u/S 325/34 of IPC and sentenced to
undergo R.I. for 06 months with fine of Rs.500/- each with default stipulations,
vide judgement dated 24.02.2025 passed by the II Additional Sessions Judge,
Agar District Agar in Criminal Appeal No. 49/2022 affirming the judgement
dated 28.09.2022 passed by the Judicial Magistrate First Class, Agar District
Shajapur in RCT No. 401288/2014.
Learned counsel for the petitioners submits that petitioners are innocent
and have been falsely implicated in the matter. Learned counsel contends that
minor altercation between the parties over grazing of cattle in the field of
complainant aggravated into physical scuffle. The complainant party was the
aggressor. The learned Trial Court and the first appellate Court did not consider
this aspect of the matter. Both, the trial Court and the first appellate Court, have
committed error in convicting the revision petitioners ignoring the inherent
inconsistencies and improbabilities in the prosecution evidence. On these grounds,
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 26-03-2025
18:40:40
2 CRR-998-2025
learned Counsel prays that execution of remaining jail sentence of revision
petitioners may be suspended and they may be enlarged on bail.
Per contra , learned Counsel for respondent/State opposes the application
and prays for its rejection.
The petitioners remained in custody from 24.2.2025. During trial, the
petitioners were on bail and they have not misused the liberty granted to them.The
petitioners surrendered before the trial Court on 24.02.2025 after first appellate
judgment and undergoing sentence of imprisonment. There is no likelihood of
early hearing of revision in near future. Upon hearing learned Counsel for the
parties, but without commenting upon rival contentions touching merits of the
case, this Court is of the view that application deserves to be allowed. It is,
accordingly directed that execution of remaining jail sentence of revision
petitioners - Devisingh and Rajpal shall remain suspended during pendency of
this revision and they shall be enlarged on bail subject to furnishing personal
bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one
solvent surety each in the like amount to the satisfaction of Trial Court for
compliance with following conditions:-
(1). The revision petitioners shall deposit the amount of fine (if not
deposited) forthwith;
(2). The revision petitioners shall appear before the Trial Court on
30.06.2025 and on such further dates as may be directed by the Trial Court;
(3). The revision petitioners shall ensure hearing of the revision on the
date fixed for such hearing and shall also ensure proper legal representation on
their 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.
3 CRR-998-2025
The Trial Court shall be authorized to grant exemption from attendance to
the revision petitioner 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 revision petitioner does 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 CrPC/491 of BNSS 2023 against such
revision petitioner 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 revision petitioner
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, I.A. No. 3168/2025 stands allowed and disposed of.
List for final hearing in due course.
Certified copy as per rules.
(SANJEEV S KALGAONKAR)
JUDGE
BDJ
