Babbulal Kol @ Baleshwar Kol vs The State Of Madhya Pradesh
2021 Latest Caselaw 8134 MP

                                                                      1                             CRA-4424-2020
                                          The High Court Of Madhya Pradesh
                                                   CRA No. 4424 of 2020
                                            (BABBULAL KOL @ BALESHWAR KOL Vs THE STATE OF MADHYA PRADESH)


                                  Jabalpur, Dated : 02-12-2021
                                        Shri A.K. Pathak, learned counsel for the appellant.

                                        Ms. Ekta Gupta, learned P.L. for the respondent-State.

Heard on IA.No.11023/2021, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant Babbulal Kol @ Baleshwar and release him on bail.

This appeal has been preferred against the judgment dated 29/11/2019 passed by II Additional Sessions Judge, Devsar, District Singrauli in S.T.No.15/2018, whereby learned II ASJ found the appellant guilty for the offences punishable under Sections 304-B, 494, 498-A of the IPC and sentenced him to undergo R.I. for ten years, R.I. for three years with fine of Rs.1,000/- and R.I. for three years within fine of Rs.1,000/- respectively with default clause.

Learned counsel for the appellant submitted that learned trial Court without appreciating the evidence properly, wrongly convicted the appellant

for the aforesaid offences. It is alleged that deceased Gudiya Jaiswal wife of appellant committed suicide within one year of her marriage. Though, Ramesh Jaiswal (PW/1) brother of deceased, Chironjiya Jaiswal mother of deceased and Urmila (PW/3) sister of deceased in their examination-in-chief deposed that appellant demanded Rs.50,000/- and one motorcycle and harassed her, due to which deceased Gudiya committed suicide, but in this regard there are many contradiction and omission in their cross-examination. Appellant is in custody since the date of judgment i.e. 29/11/2019. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

On the other hand, learned counsel for the respondent opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.02 16:36:07 IST 2 CRA-4424-2020 sentenced the appellant.

Looking to the facts and circumstances of the case, the contention of the learned counsel for the appellant and that the appellant is in custody since 29/11/2019 and according to listing policy the hearing of this appeal is likely to take long time, the application is allowed and it is directed that the

execution of the jail sentence alone passed against the appellant shall remain suspended during pendency of this appeal and he be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for her appearance before the Registry of this Court on 21/02/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

The appeal has already been admitted for final hearing, so it be listed for final hearing in due course.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2021.12.02 16:36:07 IST