Santosh vs The State Of Madhya Pradesh
2025 Latest Caselaw 385 MP

Madhya Pradesh High Court

Santosh vs The State Of Madhya Pradesh on 6 May, 2025

Author: Sanjeev S Kalgaonkar

Bench: Sanjeev S Kalgaonkar

                                                              1                             CRR-351-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRR No. 351 of 2025
                                                (SANTOSH Vs THE STATE OF MADHYA PRADESH )



                           Dated : 06-05-2025
                                 Shri Sanjay Jhanjhariya advocate for the petitioner.

                                 Shri Rajesh Joshi public prosecutor for State.

                                  Heard on admission.
                                 Record of the Courts below has been received.
                                 Revision being arguable, is admitted for final hearing.

                                 Heard on I.A. No. 999/2025, which is the first application under
                           Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension
                           of sentence and grant of bail moved on behalf of revision petitioner -Santosh.
                                 This criminal revision under Section 438/442 of Bharatiya Nagarik
                           Suraksha Sanhita, 2023 has been filed against the judgment of conviction
                           and order of sentence dated 16.01.2025 passed by XI Additional Sessions
                           Judge, Indore District- Indore(M.P.) in Criminal Appeal No. 25/2024
                           confirming the judgment of conviction and order of sentence dated
                           22.12.2023 passed by Judicial Magistrate First Class, Indore in Case No.

                           7102349/2013 whereby petitioner has been convicted u/S 337 of IPC and
                           sentenced to imprisonment for TRC with fine of Rs.500/-, under Section
                           304-A of IPC and sentenced to one year's Rigorous imprisonment with fine
                           of Rs. 500/- with default stipulation.
                                 Learned Counsel for the revision petitioner submits that it is a case of
                           road accident wherein Maruti Car and a Bus dashed each other. The identity


Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 06-05-2025
20:12:23
                                                               2                              CRR-351-2025
                           of revision petitioner as driver of the Bus was not proved beyond doubt by
                           the evidence in trial. Learned trial Court and the first Appellate Court
                           ignored this important aspect of the matter. The prosecution has failed to
                           prove beyond doubt that the accident was result of rash and negligent driving
                           of the revision petitioner. Further, learned Appellate Court did not properly
                           consider the contentions raised in the appeal. Learned trial Court and First
                           Appellate Court committed error in convicting and sentencing the revision
                           petitioner. There is no likelihood of early hearing of revision in near future.
                           Learned counsel submits that revision petitioner was on bail during trial
                           and is undergoing sentence of imprisonment since the date of appellate
                           Judgement     i.e. 16.01.2025. On these grounds, learned Counsel prays that
                           execution of remaining jail sentence of revision petitioner may be suspended

                           and he may be enlarged on bail.
                                 Per contra, learned Counsel for respondent/State            opposes the

application and prays for its rejection.

The contentions of revision petitioner has prima facie substance which deserve consideration on merit. The revision petitioner Santosh is undergoing sentence of imprisonment since the date of appellate Judgement i.e. 16.1.2025. 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 petitioner - Santosh shall remain suspended during pendency of this revision and he

3 CRR-351-2025 shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court for compliance with following conditions:-

(1). The revision petitioner shall deposit the amount of fine (if not deposited) forthwith;

(2). The revision petitioner shall appear before the Trial Court on 07.07.2025 and on such further dates as may be directed by the Trial Court;

(3). The revision petitioner 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 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

4 CRR-351-2025 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. 999/2025 stands allowed and disposed of. List for final hearing in due course.

Certified copy as per rules.

(SANJEEV S KALGAONKAR) JUDGE

BDJ