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1 CRR-6041-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

CRR No. 6041 of 2025

(SURESH Vs THE STATE OF MADHYA PRADESH )

Dated : 19-12-2025

Shri Sunil Kumar Mishra - Advocate for the applicant.

Ms. Samta Jain - Government Advocate for State of M.P.

Call for the record.

Heard on admission.

The revision is admitted for final hearing.

Also heard on IA No.29885/2025, first application under Section 397

(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail

filed on behalf of applicant - Suresh.

The applicant is aggrieved of the order dated 4.12.2025 passed by the

learned Additional Session Judge, Niwadi, District Tikamgarh, (M.P.) in

MJCR No.42 of 2023 whereby the judgment of the trial court is

affirmed arising out of the judgment dated 29.06.2016 passed by the learned

Judicial Magistrate, First Class, Orchha, District Tikamgarh in Criminal

Case No.183 of 2010, whereby, applicant has been convicted and sentenced

to undergo R.I. for one year and fine of Rs.1000/- under Section 451 of IPC

and to undergo R.I. for one year and fine of Rs.1000/- under Section 354 of

IPC with default stipulation.

Learned counsel for the applicant submits that if applicant is in jail

from 4.12.2025 till today and if he is not released on bail, then the purpose of

filing this revision would become futile. Therefore, it is prayed that execution

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 19-12-2025

14:47:21

2 CRR-6041-2025

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.29885/2025 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.25,000/-

(Rupees Twenty Five Thousand only) with a solvent surety in the like

amount to the satisfaction of the Trial Court for his appearance on 9th of

March 2026 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,

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Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 19-12-2025

14:47:21

3 CRR-6041-2025

(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

Signature Not Verified

Signed by: 37a54170-d81d-

4133-9abf-4d76b62a4b17

Signing time: 19-12-2025

14:47:21