IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 6024 of 2025 (SANDEEP @ GAPPU AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated :02-02-2026 Shri Surendra Patel - Advocate for the applicants.

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

Record is already received.

Heard on I.A. No.29804 of 2025, first application under Section 438/442 of B.N.S.S. 2023 for suspension of remaining jail sentence and grant of bail filed on behalf of applicant no.1-Sandeep @ Gappu, applicant no.2-Dinesh, applicant no.3- Santosh, applicant no.4-Ramdas, applicant no.5-Tarsingh and applicant no.6-

Bhikam.

The applicants are aggrieved of the judgment dated 8.12.2025 passed by the learned Fifth Additional Session Judge, Chhindwara, (M.P.) in CRA No.118/2024 whereby the appeal of the appellants therein has been dismissed arising out of the judgment dated 6.11.2024 passed by the learned Chief Judicial Magistrate, District Chhindwara, M.P. in RCT No.768 of 2019, whereby applicants have been convicted and sentenced as under :-

Protection Act.

3.Santosh Section 9,51-1 ( R.I. for three Fine of Additional R.I. for Chouhan c) of the years. Rs.50,000/- six months.

Wildlife Protection Act.

39, 51 (1) of the R.I. for three Fine of Additional R.I. for Wildlife years. Rs.10,000/- six months.

Protection Act

4.Ramdas Section 39,51- R.I. for three Fine of Additional R.I. for Chouhan. (1) r/w Section years. Rs.10,000/- six months.

52 of the Wildlife Protection Act.

Section 39,51-1 R.I. for three Fine of Additional R.I. for (d) r/w Section years. Rs.50,000/- six months.

52 of the Wildlife Protection Act.

5. Tarsingh Section 39,51- R.I. for three Fine of Additional R.I. for Rathore. (1)r/w Section years. Rs.10,000/- six months.

52 of the Wildlife Protection Act.

Section 39,51- R.I. for three Fine of Additional R.I. for (1) (d)r/w years. Rs.50,000/- six months.

Section 52 of the Wildlife Protection Act.

6. Bhikam Section 39,51- R.I. for three Fine of Additional R.I. for Rathore (1)r/w Section years. Rs.10,000/- six months.

52 of the Wildlife Protection Act.

Section 39,51- R.I. for three Fine of Additional R.I. for (1) (d) r/w years. Rs.50,000/- six months.

Section 52 of the Wildlife Protection Act.

Learned counsel for the applicants submits that applicants are in jail 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 applicant.

Accordingly, I.A. No.29804 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.50,000/- (Rupees Fifty Thousand only) each with a solvent surety in the like amount each 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.

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