Madhya Pradesh High Court
Basant vs The State Of Madhya Pradesh on 17 November, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-4884-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 4884 of 2025
(BASANT Vs THE STATE OF MADHYA PRADESH )
Dated : 17-11-2025
Shri Abdul Waheed Choudhary - Advocate alsong with Shri Abdul
Shahid Choudhary, advocate for the applicant (Through V.C.).
Shri Vijay Tiwari - Dy. Government Advocate for the
respondent/State.
Heard on admission.
Revision petition is admitted for final hearing.
Record of the Courts below have been received.
Heard on I.A.No.24325/2025, first application under Section 397 of
Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on
behalf of applicant Basant.
The applicant is aggrieved of the judgment dated 23.10.2024 passed by
the learned 4th Additional Session Judge, Khandwa, District Khandwa
(M.P.) in CRA No.164/2022 arising out of the judgment dated 07.09.2022
passed by the learned Chief Judicial Magistrate Class 1 Punasa, in RCT
No.100416/2016, whereby, applicant Basant has been convicted and
sentenced as under:-
Conviction Sentence
Section Act Imprisonment Fine Imprisonment in lieu of fine
456 I.P.C. R.I. for 1 year Rs.250/- Addl. R.I. for 15 months.
354 I.P.C. R.I. for 1 year Rs.250/- Addl. R.I. for 15 months.
2 CRR-4884-2025
Learned counsel for the appellant submits that the first appellate court
vide judgement dated 23.10.2024 has not interfered in the judgment of trial
court and dismissed the appeal. Applicant is in jail since 28.08.2025.He
further submits that if applicant is not released on bail, then the purpose of
filing this revision would become futile. Therefore, it is prayed that execution
of jail sentence of the applicant be suspended and he be released on bail.
Learned Penal for the respondent/State on the other hand support the
impugned judgment and opposes the prayer for suspension of sentence and
fairly submits that criminal antecedents report is not called because there was
no order.
This court finds that on 17.10.2025, Shri Somesh Gupta, Panel lawyer
for the State was present, and when the record is called, it is expected from
the government counsel that he call the criminal record; no separate order is
required. The learned Dy. Government Advocate submits that the criminal
antecedent has not been called because there was no order, but this court is
again sorry to state that learned government counsels should work
dynamically in the cases and should not be "लक र के फ़क र" (stereotypes),
any criminal proceeding cannot continue without active understanding and
the cooperation of government counsel. On 17.10.2025, Shri Somesh Gupta,
the Panel lawyer for the State was present and record was called after
condoned the delay, then no separate order was required to the State to call
the criminal antecedent.
Let this order sheet again be a waking call for the learned counsels for
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the State, let them remain alert.
Heard learned counsel for the parties.
After perusal of the record and hearing the arguments, The trial Court
in Para 26 has mentioned that against the applicant no previous conviction is
proved. Therefore, taking all fact into consideration and on perusal of
statement of the prosecutrix under Section 164 of Cr.P.C. and the fact that
final hearing of this revision may take time, without expressing any opinion
on merits of the case, I deem it proper to suspend the jail sentence of the
applicant. Consequently, I.A. No.24325/2025 is allowed.
It is directed that execution of jail sentence of the applicant is hereby
suspended. It is directed that the applicant be released on bail on his
furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five
Thousand only) with a solvent surety in the like amount to the satisfaction of
the Trial Court for his appearance before the Trial Court on the dates as may
be fixed by the Trial Court, the execution of remaining part of jail sentence
imposed upon applicant shall remain suspended and he shall be released on
bail till final disposal of the revision.
Applicant shall follow the conditions of Section 438 (3) for suspension
of sentence as under:-
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter;
(b) that such person shall not commit an offence similar to the offence
of which he is accused, or suspected, of the commission of which he is
suspected; and,
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(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
List the case for final hearing in due course.
C.C. as per rule
(AVANINDRA KUMAR SINGH)
JUDGE
NRJ
