Ramjan@Ramjani vs The State Of Madhya Pradesh
2025 Latest Caselaw 289 MP

Madhya Pradesh High Court

Ramjan@Ramjani vs The State Of Madhya Pradesh on 2 May, 2025

                                                                1                                CRR-1250-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRR No. 1250 of 2025
                                              (RAMJAN@RAMJANI Vs THE STATE OF MADHYA PRADESH )


                           Dated : 02-05-2025
                                 Shri Nilesh Dave, learned counsel for the appellant.
                                 Shri Rahul Solanki, learned Public Prosecutor for the State.

                                 Heard on the question of admission.
                                 Record of both the Courts have been received.
                                 Being arguable, the revision is admitted for final hearing.

                                 Also heard on I.A.No.3939/2025, first application under Section 438 of
                           Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail
                           sentence and grant of bail on behalf of the applicant Ramjan @ Ramjani.
                                 The applicant stands convicted under Section 354 of Indian Penal Code,
                           1860 and sentenced to undergo 1 year RI with fine of Rs.1000/- with usual default
                           stipulation and the order of conviction and sentence has been affirmed by the
                           appellate Court.
                                 Learned counsel for the applicant while taking exception to this impugned
                           judgments submits that applicant is innocent and he has been falsely implicated in
                           this matter. Both 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 suffers from surmises and conjectures and
                           have been passed ignoring serious infirmities and anomalies. It is further
                           submitted that present applicant is suffering the jail sentence since 04.03.2025. He
                           has been awarded one year sentence. 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


Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 02-05-2025
18:22:28
                                                                 2                                CRR-1250-2025
                           applicant. Hence, under such circumstances prayer is made for suspension of jail
                           sentence and grant of bail.
                                 Per contra, learned Public Prosecutor, appearing on behalf of the
                           respondent/State, while supporting the judgments impugned submits that no

exception can be taken in the matter of suspension of sentence and grant of bail, regard being had to the nature and the gravity of offence found proved against the present applicant.

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 on his furnishing 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 18/06/2025 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 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

3 CRR-1250-2025 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. Registry is directed to list the matter for final hearing in due course. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

soumya