Diksha Mallah And Others vs State Of Madhya Pradesh

Avanindra Kumar Singh, J

Also heard on I.A. No.29863/2025, first application under Section 438 (1) of B.N.S.S., 2023 for suspension of remaining jail sentence and grant of bail filed on behalf of applicant no.1- Diksha Mallah, applicant no.2-Mohit Mallah, applicant no.3- Sushmita Patel, applicant no.-4- Chandan Mallah and applicant no.5- Basanti Mallah.

The applicants is aggrieved of the judgment dated 19.11.2025 passed by the learned 13th Additional Session Judge, Jabalpur, (M.P.) in CRA No.246/2024, Cr.A. No.270 of 2024 and Cr.A. No.275 of 2024, whereby the appeal of the appellants therein has been dismissed arising out of the judgment dated 3.09.2024 passed by the learned Judicial Magistrate, First Class, District Jabalpur in RCT No.6827 of 2021, whereby, applicants have been convicted and sentenced to undergo R.I. for three years and fine of Rs.1000/- with default stipulation of R.I. for one month under Section 411, 457 and Section 380 of IPC.

Learned counsel for the applicants submits that if 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 all the applicants mentioned above 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.29863/2025 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) by each applicant 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 applicant no.1- Diksha Mallah, applicant no.2- Mohit Mallah, applicant no.3- Sushmita Patel, applicant no.-4- Chandan Mallah and applicant no.5-Basanti Mallah 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 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.