Imran Basha v. H.Kashifa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN in Crl.RC.No.338 of 2026 Imran Basha ...

Petitioner /Petitioner Vs.

1.H.Kashifa 2.Afsataj (Minor) rep. By her Mother and Natural Guardian H.Kashifa ... Respondents/Respondents PRAYER:

Criminal Miscellaneous Petition has been filed under Section 430 of BNSS praying to suspend the sentence imposed vide order dated 14.12.2025 in M.P.No.887 of 2022 in M.C.No.118 of 2021 by the learned V Additional Family Court, Chennai, pending disposal of the above Crl.R.C.

For Petitioner : Mr.S.Elavarasan

O R D E R

This petitioner has preferred the above revision challenging the judgment passed by the learned V Additional Family Court, Chennai, dated 1 / 4

04.12.2025, convicting the petitioner for the offence under Section 125(3) Cr.P.C., and sentencing him to undergo 180 days Simple Imprisonment. The instant petition has been filed to suspend the sentence imposed on the petitioner.

2.The learned counsel for the petitioner would submit that the respondents herein had filed a petition for a direction to the petitioner to pay the arrears of maintenance to the tune of Rs.2,80,000/-. During the pendency of the said petition, the petitioner paid a sum of Rs.75,000/- to the respondents towards arrears of maintenance. However, did not pay further maintenance amount to the respondents. Hence, a non-bailable warrant was issued against the petitioner. Thereafter, the petitioner was secured by the respondent police and is in custody since 04.12.2025.

3.Heard the learned Government Advocate (Crl. Side) who confirms the fact that the petitioner is in custody from 04.12.2025. 4.Considering the submissions made and the incarceration suffered by the petitioner, this Court is inclined to suspend the sentence and release the 2 / 4

petitioner on bail on the following conditions: (i) The petitioner shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of M.C.No.118 of 2021.

(ii) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned V Additional Family Court, Chennai;

(iii)The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; and (iv)The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the Revision.

16.02.2026 (2/3) Tsg Note: Issue order copy on 16.02.2026 3 / 4

SUNDER MOHAN, J.

Tsg To 1.The V Additional Family Court, Chennai.

2.The Central Prison, Puzhal.

in Crl.RC.No.338 of 2026 16.02.2026 (2/3) 4 / 4