Makhan vs The State Of Madhya Pradesh
2026 Latest Caselaw 1946 MP

Madhya Pradesh High Court

Makhan vs The State Of Madhya Pradesh on 24 February, 2026

                                                                1                                CRA-1432-2026
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                        CRA No. 1432 of 2026
                                           (MAKHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 24-02-2026
                                 Shri Govind Pal Singh Songara - Advocate for the appellants.
                                 Shri Prashant Jain - G.A. for the respondent/State.

Heard on I.A. No. 2555/2026 and I.A. No. 1867/2026, which are applications under section 430 of the B.N.S.S. 2023 seeking suspension of sentence on behalf of appellants - Govind, Makhan and Pankaj respectively.

2. Appellants have been convicted and sentenced vide order dated 31.01.2026 by First Additional Session Judge, Shujalpur (M.P.) in ST No.36/2024 and sections and convictions are reproduced below:-

                           S.                                                                  Total     Default
                               Name        Sections       Imprisonment            Fine
                           No.                                                                 Fine     Sentence
                                                                                                      SI of 15 days
                                       Sec. 115(2) (2    Sec. 115(2): 1    Sec. 115(2): Rs.
                                                                                                        (for Sec.
                              Pankaj counts) r/w Sec. year RI on each      500/- each (Rs.
                                                                                                Rs. 115(2)) and
                            1   @    3(5); Sec. 118(1)    count; Sec.       1,000/-); Sec.
                                                                                              3,000/- 1 month (for

Vijay (2 counts) r/w 118(1): 3 years RI 118(1): Rs. 1,000/-

                                                                                                      Sec. 118(1))
                                          Sec. 3(5)      on each count    each (Rs. 2,000/-)
                                                                                                      respectively
                                                                                                      SI of 15 days
                                      Sec. 115(2) r/w                                                   (for Sec.
                                                         Sec. 115(2): 1    Sec. 115(2): Rs.
                                      Sec. 3(5); Sec.                                           Rs. 115(2)) and
                            2 Makhan                     year RI; Sec.    500/-; Sec. 118(1):
                                      118(1) r/w Sec.                                         2,500/- 1 month (for
                                                       118(1): 3 years RI    Rs. 1,000/-
                                            3(5)                                                      Sec. 118(1))
                                                                                                      respectively
                                                                                                      SI of 15 days
                                       Sec. 115(2) (2    Sec. 115(2): 1    Sec. 115(2): Rs.
                                                                                                        (for Sec.
                                     counts) r/w Sec. year RI on each      500/- each (Rs.
                                                                                                Rs. 115(2) and 1
                            3 Govind 3(5); Sec. 118(1)    count; Sec.       1,000/-); Sec.
                                                                                                       month (for

(2 counts) r/w 118(1): 3 years RI 118(1): Rs. 1,000/- 3,000/-

Sec. 118(1)) Sec. 3(5) on each count each (Rs. 2,000/-) respectively

3. Learned counsel for the appellants submits that the appellants are

2 CRA-1432-2026 innocent and they have falsely been implicated in the present case. Learned counsel for the appellant submits that appellant Govind has undergone a period of 18 months in custody. The appeal is of the year 2026 and the final hearing of the appeal will likely to take long time, hence prayed for suspension of sentence and release of the appellants on bail.

4. Counsel for the respondent/State opposed the prayer.

5. Looking to the facts and circumstances of the case, contention of learned counsel for the appellant and without commenting on the merits of the case, the applications I.A. No. 2555/2026 and I.A. No. 1867/2026 are allowed and it is directed that the execution of remaining jail sentence passed against the appellants shall remain suspended and they be released on bail upon their furnishing personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand) each with separate sureties in the like amount to the satisfaction of the trial court for their appearance before the Registry of this Court on 27.07.2026 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

6. List the case for final hearing in due course.

(GAJENDRA SINGH) JUDGE

Vatan