Madhya Pradesh High Court
Babu vs The State Of Madhya Pradesh on 13 July, 2021
Author: Vivek Rusia
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HIGH COURT OF MADHYA PRADESH : BENCH AT
INDORE
(SINGLE BENCH : HON. Mr. JUSTICE VIVEK RUSIA)
CRA No. 9714/2019
(Babu and another V/s. State of M.P.)
Date : 13.07.2021 :
Ms. Shraddha Dixit, learned counsel for the appellant.
Shri Siddharth Jain, learned Panel Lawyer for the
respondent/State.
Heard on I.A. No.14233/2021, Fifth application for suspension
of custodial sentence filed by the appellant No.2 Arif. The details of
earlier application of the appellant as under:
Sr. No. I. A. No. Date of order Status
1 9214/2019 30/11/19 Dismissed as
withdrawn
2 15/2020 27/02/20 Dismissed as
withdrawn
3 20/2021 21/01/21 Dismissed on merit
4 6172/2021 24/03/21 Allowed
temporarily for a
period of one
month.
The appellant stands convicted and sentenced as under:
Section & Act. Imprisonment Fine Amount Imprisonment in
lieu of default of
payment of fine.
326/149 of I.P.C. 4-4 years Rs.5,000/-, Rs. 3-3 months
5000/-
Learned counsel for the appellant submits that vide order dated
30.11.2019, this court has suspended the jail sentence of appellant
No.3,4 and 5, who have been convicted alongwith this appellant
under Section 326 of I.P.C. with the aid of section 149 of I.P.C. and
the application filed by appellant No.1 and present appellant were
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dismissed as withdrawn. The appellant No.1 Babu, who is main
accused filed an application bearing I.A.No.2785/2020, which was
rejected by this Court vide order dated 30.06.2020. Against the said
order, the appellant No.1 Babu has approached before the Apex
Court by way of Special Leave to appeal (Cr.l) No.683/2021. Vide
order dated 05.05.2021, the Apex Court has suspended his sentence
and granted him bail keeping in view the period of undergone almost
1 year and 10 months imprisonment out of 4 years sentence. She
further submits that jail sentence of main accused Babu has already
been suspended by the Apex Court and sentence of other three
accused have been suspended by this Court.
Learned Panel Lawyer for the respondent/State by submitting
that this appellant gave a blow by stick on the head of the
complainant / Rafiq due to which he suffered the loss of vision of left
eye, therefore, his jail sentence cannot be suspended on the ground of
parity with appellant No.1 Babu.
I have heard learned counsel for the parties through V.C. and
perused the record.
As per the para 57 of the judgment the appellant No.1 Babu has
been convicted under Section 326 of I.P.C. and remaining four
appellants have been convicted with the aid of section 149 of I.P.C.
The jail sentence of the appellant No.1 Babu has been suspended by
the Apex Court Court keeping in view of his custody period i.e. 1
year and 10 months, the appellant has also undergone same period
and there is no likelihood of final hearing of this appeal in near
future.
In view of above, I.A. No.14233/2021, is allowed and it is
directed that subject to deposit of fine amount, if already not
deposited, with the trial Court and on furnishing personal bond by
the appellant in the sum of Rs.50,000/- (Rupees Fifty thousands
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only), with one solvent surety in the like amount to the satisfaction
of learned trial Court for his appearance before the Registry of this
Court, the execution of custodial part of the sentence of the appellant
shall remain suspended till final disposal of this appeal.
The appellant after being enlarged on bail shall mark his
presence before the Registry of this Court on 31.01.2022 and on all
such subsequent dates, which are fixed in this behalf.
In view of above, the I.A. No.14234/2021 & 14235/2021
are also closed.
List for final hearing in due course.
C.C. as per rules.
( VIVEK RUSIA )
JUDGE
praveen/-
Digitally signed by
PRAVEEN NAYAK
Date: 2021.07.13 17:50:29
+05'30'
