Umesh Kumar Jaiswal vs The State Of Madhya Pradesh
2026 Latest Caselaw 1856 MP

Madhya Pradesh High Court

Umesh Kumar Jaiswal vs The State Of Madhya Pradesh on 20 February, 2026

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                             1                               CRA-10699-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                     CRA No. 10699 of 2025
                                         (UMESH KUMAR JAISWAL Vs THE STATE OF MADHYA PRADESH )



                           Dated : 20-02-2026
                                 Shri Eshwar Das Vaishya - Advocate for the appellant.
                                 Smt. Neetu Pasiney - Panel Lawyer for the respondent/State.

Record is available.

Heard on admission.

The appeal is admitted for final hearing.

Also heard on I.A. No.26162 of 2025, which is the first application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, for suspension of sentence and grant of bail to the appellant.

This appeal is filed by the appellant being aggrieved of the judgment dated 26/09/2025 passed by learned Third Additional Sessions Judge, Devsar District Singrauli (MP) in S.T. No.49/2024, whereby the appellant has been convicted under Section 326 of IPC and sentenced to undergo RI for 7 years with fine of Rs.3000/-, with default stipulation.

Learned counsel for the appellant submits that the appellant is innocent

and has been falsely implicated in this case. He is in judicial custody during trial w.e.f. 16/08/2023 to 01/09/2023 and after the judgment he is in jail since 26/09/2025. There is no criminal antecedent of the appellant. The final disposal of the appeal would take considerable time. Learned counsel for the appellant relied on the order passed by the co-ordinate Bench of this Court in CRA No.627 of 2025 (Gannu Singh vs. The State of MP) dated 13/05/2025.

2 CRA-10699-2025 He, therefore, prays for suspension of sentence and grant of bail to appellant.

Learned counsel for the respondent opposes the prayer of the appellant and prays for dismissal of the application.

Heard learned counsel for the parties and perused the record. On perusal of the record, it is seen that complainant Girdhari aged about 75 years lodged a report that on 03/07/2023 he had invested his friends and relatives for a Pooja. While they were eating foot, at that time Mukesh Jaiswal came there and objected for the Pooja. It is alleged that accused abused the complainant and took his right hand thumb in his mouth and snipped off the same and thereafter he bit the thigh of the complainant.

After hearing learned counsel for parties and going through the record, this Court is of the considered opinion that this is a fit case to suspend the

remaining jail sentence of the appellant. Accordingly, I.A. No.26162 of 2025 is allowed.

It is directed that on depositing personal bond to the tune of Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties of Rs.50,000/- each in the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court on the dates so fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon appellant shall remain suspended and he shall be released on bail till final disposal of the appeal.

The appellant shall comply with the conditions as enumerated under Section 480(3) of BNSS, 2023 :-

(a) that such person shall attend in accordance with the conditions of

3 CRA-10699-2025 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.

List the case after four weeks before the roster Bench. Certified copy as per rules.

(AVANINDRA KUMAR SINGH) JUDGE

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