Madhya Pradesh High Court

Kailash Sen vs The State Of Madhya Pradesh on 22 May, 2025

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                              1                                    CRR-760-2025
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRR No. 760 of 2025
                                        (KAILASH SEN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                          Dated : 22-05-2025
                                Shri Narendra Kumar Mishra - Advocate for the applicants.
                                Shri Yaduvendra Dwivedi - Panel Lawyer for the respondent/State.

This criminal revision is admitted.

Record of the Court below is received.

Heard on I.A. No.4035/2025, which is an application for suspension of

sentence and grant of bail to applicants.

Applicants have been convicted under Section 325/34 of IPC and sentenced to suffer R.I. for 6 months each with fine of Rs.500/- each with default stipulations.

Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the crime. They are in jail since 07.02.2025. The final disposal of this revision would take considerable time. Under such circumstances, application of applicants for suspension of sentence and grant of bail may be considered.

Learned counsel for State opposes the prayer for suspension of sentence.

Perused the judgment of first Appellate Court in Criminal Appeal no.32/2024 (Kailash Sen and others vs. State of M.P.) judgment dated 07.02.2025 whereby appeal has been dismissed and judgment of the trial Court has been confirmed on 28.02.2024 by which the trial Court has

2 CRR-760-2025 convicted the applicants for the offence under Section 325 of IPC but acquitted under Section 294, 506 of IPC and convicted them R.I. for six months alongwith fine of Rs.500/- each with default stipulation.

Considering the aforesaid facts and circumstances of the case, I am inclined to enlarge the applicant on bail. Thus, without commencing anything on the merits of the case, I.A. No.4035/2025 is allowed.

It is directed that remaining jail sentence of applicants-Kailash Sen and Santosh Sondhiya shall remain suspended and they shall be released on bail subject to their depositing the fine amount, if not already deposited, and on their furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with a surety bond of the like amount to the satisfaction of the trial court for their appearance before the concerned trial Court on

19.08.2025 and on such other dates as may be fixed by trial Court.

List for final hearing in due course.

(AVANINDRA KUMAR SINGH) V. JUDGE