IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

CRR No. 3846 of 2025

(SANJAY @ SANJU CHOURASIYA AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 09-01-2026

Shri Sunil Pandey - Advocate for the applicants.

Ms. Smit Kehari - Panel Lawyer for the State of M.P.

Heard on I.A. No. 107/2026, an application under Section 397/401 of

Cr.P.C. for suspension of remaining jail sentence and grant of bail filed on

behalf of applicant no.3- Chotu @ Sunil Yadav.

The applicant is aggrieved of the judgment dated 28.7.2025 passed by

the learned 29th Additional Session Judge, Jabalpur, (M.P.) in CRA No.03/2022 whereby the appeal of the appellant therein has been dismissed arising out of the judgment dated 9.12.2021 passed by the learned Judicial Magistrate, First Class, District Jabalpur in Criminal Case No. RCT No.2905658 of 2008, whereby, applicant no. 3 has been convicted and

sentenced as under :-

Conviction S e n t e n ce

Section Act Imprisonment Fine if Imprisonment

fine deposited in lieu of Fine

details

147 IPC R.I. for 3 Rs.200/- Additional R.I.

months. for 7 days.

148 IPC R.I. for 6 Rs.500/- Additional R.I.

months. for 15 days.

323/34 IPC R.I. for 3 Rs.1000/- Additional R.I.

months. for 15 days.

326/34 IPC R.I. for 3 years. Rs.1000/- Additional R.I.

for 1 month.

Learned counsel for the applicant submits that applicant is in jail and if he 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 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 applicant.

Accordingly, I.A. No. 107/2026 is allowed.

It is directed that subject of the fine amount in the trial court by the applicant and on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the Trial Court for his 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 applicant shall remain suspended and he shall be released on bail till final disposal of the revision.

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.

List the case for final hearing in due course.

C.C. as per rule.

(AVANINDRA KUMAR SINGH)

JUDGE bks