Citation : 2026 Latest Caselaw 1231 MP
Judgement Date : 6 February, 2026
1 CRR-511-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 511 of 2026
(POORAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 06-02-2026
Shri Sudeep Patel - Advocate for the applicant.
Shri Pankaj Raj - Panel Lawyer for the respondent/State.
Record be called for.
Heard on admission.
Revision petition is admitted for final hearing.
Considered I.A.No.2728/2026, 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 applicants No.1 Pooran, applicant No.2 Kailash and applicant No.3 Mahesh.
The applicants are aggrieved of the judgment dated 16.01.2026 passed by the learned 3rd Additional Session Judge, District Chhatarpur (M.P.) in CRA No.17/2025 arising out of the judgment dated 27.12.2024 passed by the learned Judicial Magistrate First Class, District Chhatarpur, in Criminal Case No.816/2018, whereby, applicants No.1 Pooran, applicant No.2 Kailash and applicant No.3 Mahesh has been convicted and sentenced as under:
Conviction Sentence
Imprisonment in lieu of
Section Act Imprisonment Fine
fine
Rs.500/- each count,
(two I.P.C. nil S.I for 1 month
Total Rs.1000/-
counts)
S.I. for 1 year to Rs.500/- each S.I. for 1 month
325 I.P.C.
each applicant
2 CRR-511-2026
Learned counsel for the applicant submits that applicants are presently in jail and the Vakalatnama has been executed from the jail and if applicants are 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 applicants be suspended and they 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.
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 applicants. Consequently, I.A. No.2728//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 one solvent sureties each in the like amount to the satisfaction of the trial Court for there 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 applicants shall remain suspended and they be released on bail till final disposal of this revision.
Applicants 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,
3 CRR-511-2026
(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
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