IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 5851 of 2025 (DURGESH AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 08-12-2025 Shri Ratna Bharat Tiwari - Advocate for the applicant.

Shri Amit Sharma - Government Advocate for the respondent/State.

Call for the records. Heard on admission.

The revision is admitted for final hearing.

Also heard on I.A. No.28842/2025, first application under Section

430(1) of B.N.S.S., 2023 for suspension of remaining jail sentence and grant of bail filed on behalf of applicants.

The applicants are aggrieved of the judgment dated 29.11.2025 passed by the learned III Additional Session Judge, Hatta, (M.P.) in CRA No.38/2025 whereby the appeal of the appellants therein has been dismissed arising out of the judgment dated 06.08.2025 passed by the learned Judicial Magistrate, First Class, District Hatta in R.C.T. No.1113 of 2023, whereby, applicants have been convicted and sentenced to undergo R.I. for six months and fine of Rs.100/- with default stipulation of two months R.I. under Section 4 read with Section 20 of IPC.

Learned counsel for the appellant submits that if applicants are in jail from 29.11.2025 till today and if they 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 counsel for the respondent- State on the other hand supports 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 and 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 remaining jail sentence of the applicants.

Accordingly, I.A. No.28842 of 2025 is allowed.

It is directed that subject of the fine amount in the trial court by the applicants and on their furnishing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with a solvent surety in the like amount to the satisfaction of the Trial Court for their appearance before the Trial Court on the dates as may be fixed by the Trial Court, the execution of remaining part of jail sentence imposed upon applicants shall remain suspended and they shall be released on bail till final disposal of the 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 they are 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

List the case for final hearing in due course.

C.C. as per rule (AVANINDRA KUMAR SINGH)

JUDGE R