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Madhya Pradesh High Court
Ram Kumar @ Kallu vs The State Of Madhya Pradesh on 23 January, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-1534-2011
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1534 of 2011
(RAM KUMAR @ KALLU Vs THE STATE OF MADHYA PRADESH )
Dated : 23-01-2026
Shri R.P. Dwivedi - Advocate for the applicant.
Ms. Garui Pathak - Advocate for the respondent/State.
Heard on admission.
Revision petition is admitted for final hearing.
Record received in connected case.
Heard on I.A.No.1523/2025, which is second 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 Ram Kumar @ Kallu.
The applicant is aggrieved of the judgment dated 17.08.2011 passed by
the learned Session Judge, District Dindori (M.P.) in CRA No.07/2011
arising out of the judgment dated 11.01.2011 passed by the learned Judicial
Magistrate First Class, District Dindori in case No.624/2008, whereby,
applicant Ram Kumar @ Kallu has been convicted for offence under Section
304(A) of IPC and sentence him R.I. for 1 year and fine of 200/- with default
stipulation.
It is seen that the learned counsel for the applicant has mentioned
incorrect facts in the application by stating that the applicant was in jail from
12.11.2025 to 19.01.2026 total period of jail sentence is six months 1 month
and seven days.
Learned counsel for the appellant submits that he is not aware of the
2 CRR-1534-2011
exact date on which the accused was sent to jail. However, from the order
sheet of this Court, it is evident that on 12.11.2025, directions were issued
for issuance of a non‑bailable warrant, and on 02.01.2026, the applicant was
produced before this Hon'ble Coordinate Bench from jail, District Dindori,
and was thereafter remanded back to jail.
Learned counsel for the applicant 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 Lawyer 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.1523/2026 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.15,000/- (Rupees Fifteen
Thousand only) with two solvent sureties each in the like amount to the
satisfaction of the trial Court with a further direction to appear before the
Registry of this Court on 29.01.2026 and also on such other dates, as may be
fixed by the Registry, the execution of remaining part of the jail sentence of
applicant shall remain suspended and he be released on bail till final disposal
3 CRR-1534-2011
of this revision. Under Section 446 of Cr.P.C. he shall deposit Rs. 1,000/- in
the Trial Court, out of the forfeiture of personal bond.
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,
(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 the case for final hearing in due course.
C.C. as per rule.
(AVANINDRA KUMAR SINGH)
JUDGE
NRJ
