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Madhya Pradesh High Court
Kamal Vishwas vs The State Of Madhya Pradesh on 11 March, 2026
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 CRR-1022-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1022 of 2026
(KAMAL VISHWAS Vs THE STATE OF MADHYA PRADESH )
Dated : 11-03-2026
Shri Vijay Sghankar Pandey - Advocate for the applicant.
Ms. Samta Jain - Govt. Advocate for respondent State.
Heard on admission.
Revision petition is admitted for final hearing.
Let the record of the Court below be also called for.
Heard on I.A. No. 5265 of 2026 , which is first application filed on
behalf of the applicant for suspension of sentence and grant of bail.
It is submitted by counsel for the applicant that the applicant is in jail
and Vakalatnama has been executed from the Jail.
The learned Judicial Magistrate, First Class, Gadarwara, District
Narsinghpur vide judgment dated 19.12.2025 in R.C.T No. 874/2019
convicted the applicant Kamal Vishwas for the offence under Section 24 of
Madhya Pradesh Ayurvigyan Parishad Adhiniyam, 1987 and sentenced him
to undergo R.I. for one year with fine of Rs.1,000/- with default stipulation,
under Section 8 (2) of Madhya Pradesh Chikitsha Shiksha Sanstha
(Niyantran) Adhiniyam, 1973 and sentenced him to undergo R.I. for 1 year
with fine of Rs.1000/- with default stipulation and under Section 8 of
Madhya Pradesh Upcharyagrih Tatha Rujopchar Sambandhi Sthapnayen
(Registrikaran tatha Anya Gyapan) Adhiniyam, 1973 and imposed fine of
Rs.1,000/- with default stipulation. In appeal, XI Additional Sessions Judge,
2 CRR-1022-2026
Gadarwara, District Narsinghpur in Criminal Appeal No. 9/2026 vide
judgment dated 27.2.2026 partly allowed the appeal by reducing the sentence
from 1 year to 6 months for Section 24 of Madhya Pradesh Ayurvigyan
Parishad Adhiniyam, 1987 and Section 8 (2) of Madhya Pradesh Chikitsha
Shiksha Sanstha (Niyantran) Adhiniyam, 1973 but maintained the fine
imposed under Section 8 of Madhya Pradesh Upcharyagrih Tatha Rujopchar
Sambandhi Sthapnayen (Registrikaran tatha Anya Gyapan) Adhiniyam,
1973.
The counsel for the applicant submits that the Courts below have not
properly appreciated the oral and documentary evidence available on record
and committed error while convicting the applicant for the aforesaid
offences. The counsel submits that the jail sentence awarded to the applicant
is six months and disposal of this revision would take considerable time,
therefore, the custodial sentence of the applicant be suspended and he be
released on bail.
The counsel for the State has opposed the application.
Looking to the nature of offence, short term sentence awarded to the
applicant and the period incarceration, this Court deems it to be a fit case to
suspend the custodial sentence of the applicant and to release him on bail,
therefore, without commenting on the merits of the case, this application is
allowed.
It is directed that subject to depositing the fine amount, if not already
deposited and on furnishing a personal bond in a sum of Rs.25,000/- (Rupees
Twenty Five Thousands only) with one surety in the like amount to the
3 CRR-1022-2026
satisfaction of the trial Court concerned, the custodial sentence of the
applicant shall remain suspended and he shall be released on bail for
securing his presence before the trial Court concerned on a date fixed by the
trial Court and on such other dates as may be fixed by that Court in this
regard during pendency of this revision.
This order is filed on the following conditions:
(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.
List for final hearing in due course.
(AVANINDRA KUMAR SINGH)
JUDGE
VKT
