Durgesh Patel vs The State Of Madhya Pradesh
2026 Latest Caselaw 1227 MP

Madhya Pradesh High Court

Durgesh Patel vs The State Of Madhya Pradesh on 6 February, 2026

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                             1                                CRR-546-2026
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRR No. 546 of 2026
                                            (DURGESH PATEL Vs THE STATE OF MADHYA PRADESH )



                           Dated : 06-02-2026
                                 Shri B.K. Rajak - Advocate for the applicant.
                                 Ms. Vibha Pathak - Panel Lawyer for the respondent/State.

Record be called for.

Heard on admission.

Revision petition is admitted for final hearing.

Considered I.A.No.2851/2026, an application under Section 438 of B.N.S.S., 2023 for suspension of remaining jail sentence and grant of bail filed on behalf of applicant Durgesh Patel.

The applicant is aggrieved of the judgment dated 19.11.2025 passed by the learned 23rd Additional Session Judge, District Jabalpur (M.P.) in CRA No.246/2024, CRA No.270/2024 and CRA No.275/2024 arising out of the judgment dated 03.09.2024 passed by the learned Judicial Magistrate First Class, District Jabalpur in RCT No.6827/2021, whereby, applicant Durgesh Patel has been convicted and sentenced as under:

                                  Conviction         Sentence

                                                                                 Imprisonment in lieu of
                           Section Act         Imprisonment          Fine
                                                                                 fine

                           457        I.P.C. R.I. for 3 years        Rs.1,000/- R.I for 1 month.

                           380        I.P.C. R.I. for 3 year         Rs.1,000/- R.I for 1 month.







                                                                2                             CRR-546-2026

Learned counsel for the applicant submits that if applicant is not released on bail, then the purpose of filing this revision would become futile. It is further submitted that co-accused/applicant Diksha Mallah and other have been extended benefit of suspension of sentence by this Court vide order dated 18.12.2025 and case of present applicant (Durgesh Patel) is on similar footing. Hence, prayer is made to suspend the remaining jail sentence of the applicant and to release him on bail on the ground of parity.

Learned Penal for the respondent/State on the other hand support the impugned judgment and opposes the prayer for suspension of sentence.

Heard learned counsel for the parties.

After perusal of the record and hearing the arguments, 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.2851/2026 is allowed.

It is directed that on depositing of fine amount, if not already deposited and on furnishing personal bond to the tune 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 all subsequent dates as may be fixed by the concerned Court, the execution of remaining part of the jail sentence of applicant shall remain suspended and he be released on bail till final disposal of this revision. Applicant shall follow the conditions of Section 438 (3) for suspension of sentence as under:-

3 CRR-546-2026

(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,

(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, and may also impose, in the interests of justice, such other conditions as it considers necessary.

List this case after record is received.

C.C. as per rule.

(AVANINDRA KUMAR SINGH) JUDGE

NRJ