Madhya Pradesh High Court

Shantilal Kalal vs The State Of Madhya Pradesh on 14 May, 2025

                                                                1                                 CRR-2182-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                         CRR No. 2182 of 2025
                                              (SHANTILAL KALAL Vs THE STATE OF MADHYA PRADESH )



                           Dated : 14-05-2025
                                 Shri Sumeet Samvatsar - Advocate for the applicant.
                                 Shri Vinod Thakur - Public Prosecutor for the respondent/State.

Heard on the question of admission.

Being arguable, the revision is admitted for final hearing. Also heard on I.A.No.6568 of 2025 , first application under Section 438

read with Section 442(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 for suspension of remaining jail sentence and grant of bail on behalf of the applicant - Shantilal Kalal S/o Goverdhanlal Kalal.

The applicant stands convicted under Section 337, 304-A (two counts) of Indian Penal Code, 1860 and sentenced to undergo 03 months RI with fine of Rs.500/-, 1-1 year R.I with fine of Rs.1,000 - Rs.1,000/- 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. 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 applicant. Hence, under such circumstances prayer is made for

2 CRR-2182-2025 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, looking to the short sentence of one year, 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 17/07/2025 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

3 CRR-2182-2025 granting suspension of sentence shall become ineffective. The Trial Court shall be 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. Let record of both the Courts below be requisitioned. Certified copy as per rules.

(BINOD KUMAR DWIVEDI) JUDGE