Babulal vs The State Of Madhya Pradesh
2022 Latest Caselaw 5400 MP

                                                 1
                            IN THE HIGH COURT OF MADHYA PRADESH
                                          AT INDORE
                                          CRA No. 1679 of 2017
                              (BABULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 12-04-2022
             Ms. Sharmila Sharma, learned counsel for the appellants.

                Shri Kamal Kumar Tiwari, learned counsel for the respondent State.

Heard on I.A. No.27311/2021 which is repeat (third) application under Section 389 of Cr.P.C. for suspension of remaining jail sentence of appellant no.1 Babulal.

T h e appellant no.1 has been convicted with other co-accused under

Sections 302/149, 148,326/149 and 324/149 of IPC and sentenced to undergo Life imprisonment, six months R.I, 3 years R.I and 1 year R.I with fine of Rs.10,000/-, Rs.500/-, Rs.1000/- and Rs.500/- respectively with default stipulations vide judgment dated 02.09.2017 delivered in Sessions Trial No.2100151/2011 passed by Special Judge (SC/ST) Act, District Dewas.

Vide order dated 08.02.2019, this Court has already dismissed the first application for suspension of sentence filed by appellant no.1 Babulal. Those appellants, who were entitled for suspension of jail sentence, their applications for suspension of sentence have been allowed by this Court vide order dated

29.06.2018. The appellant no.1 is main accused, therefore, no case for suspension of sentence is made out.

Accordingly, I.A.No.27311/2021 is dismissed.

      (VIVEK RUSIA)                                            (AMAR NATH (KESHARWANI))
          JUDGE                                                         JUDGE
      Digitally signed by
das   REENA PARTHO
      SARKAR
      Date: 2022.04.12
      19:05:32 +05'30'