Puranmal vs Vinod
2025 Latest Caselaw 876 MP

Madhya Pradesh High Court

Puranmal vs Vinod on 17 May, 2025

                                                               1                                CRR-2172-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT INDORE
                                                        CRR No. 2172 of 2025
                                                           (PURANMAL Vs VINOD )


                           Dated : 17-05-2025
                                 Shri Ritu Raj Bhatnagar - Advocate for the applicant.

                                Heard on I.A.No.6526/2025 an application under Section 5 of the
                           Limitation Act for condonation of delay.
                                 Delay of 367 days in filing the petition is duly explained in the application,
                           which is well supported by an affidavit, therefore, application is allowed for the
                           reasons stated therein and delay in filing the petition is hereby condoned.

                                 Notice be issued to the respondent on payment of PF within seven working

days by RAD mode, returnable within eight weeks.

Record of the Courts below be requisitioned.

Being arguable, revision is admitted for final hearing. Also heard on I.A.No.6525/2025, an application under Section 438(1) of BNSS for suspension of remaining jail sentence and grant of bail on behalf of applicant-Puranmal.

The applicant has been convicted by the trial court under section 138 of N.I. Act and sentenced to undergo 1 year RI and to pay compensation of Rs.8,00,000/- with default stipulation and the order of conviction and sentence has been affirmed by the appellate Court.

Learned counsel for the applicant submits that while taking exception to this impugned judgments submits that applicant is innocent and 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. He

2 CRR-2172-2025 is in jail since 26.04.2025. If the applicant be released on bail, he is ready to deposit 50% of the total amount of compensation. 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 suspension of jail sentence and grant of bail.

Heard learned counsel for the applicant and perused the entire record with due care.

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 50% of the total amount of compensation as awarded by the trial Court, 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 compensation / fine (if any), as directed, forthwith;

(2) The applicant shall appear before the Trial Court on 24.06.2025 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-2172-2025

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. CC as per rules.

(BINOD KUMAR DWIVEDI) JUDGE

soumya