Dilip Kumar @ Bablu vs The State Of Madhya Pradesh
2022 Latest Caselaw 9701 MP

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                                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                                   AT JABALPUR
                                                                    CRA No. 5441 of 2021
                                                        (DILIP KUMAR @ BABLU Vs THE STATE OF MADHYA PRADESH)

                                       Dated : 14-07-2022
                                             Shri Ashish Tiwari, learned counsel for the appellant.

                                             Shri Pradeep Gupta, learned G.A. for the respondent/State.

Record has been received.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Heard on I.A.No.16784/2021, which is an application for suspension of

custodial sentence passed against appellant Dilip Kumar alias Bablu and release him on bail.

This appeal has been preferred against the judgment dated 31/8/2021 passed by IInd Additional Sessions Judge, Itarsi, Distt. Hoshangabad in S.T. No.9/2018 whereby learned Sessions Judge found the appellant guilty for the offence punishable under Section 306 of the IPC and sentenced him to undergo R.I. for five years with fine of Rs.1,000/- with default stipulation.

Learned counsel for the appellant submits that it is alleged that the appellant gave loan to deceased Jitendra Patel which was returned by him to the

appellant along with interest. Even then, the appellant demanded more money from the deceased and also harassed him due to which he committed suicide. He further submitted that only on that basis that the appellant demanded more money from the deceased, it can not be said that the appellant abated him to commit suicide. Even deceased committed suicide on 15/2/2017 and police Signature Not Verified SAN prepared enquest on the same day. At that time, complainant wife of the Digitally signed by MONIKA CHOURASIA Date: 2022.07.14 16:22:20 IST deceased Rashmi (PW1) did not inform the police that the deceased committed

suicide due to harassment. For the first time, on 13/4/2017 wife of the deceased informed the police that the appellant harassed the deceased due to which he committed suicide. She herself in her court statement also admitted that at the time of inquiry of the enquest no.11/17 registered by the police regarding death of her husband, she did not inform the police that deceased Jitendra committed suicide due to harassment of the appellant. He further submitted that it is alleged that the appellant assaulted the deceased on 14/2/2017 but there is no eye witness of that incident. From the postmortem report, it is clear that no external injury was found on his dead body. Learned trial Court without appreciating all these facts wrongly found the appellant's guilty for the aforesaid offence.

Appellant has no criminal past. He is in custody since the date of judgment i.e. 31/8/2021. Hence, prayed for suspension of the jail sentence and release of the appellant on bail since the hearing of this appeal will take time.

Learned counsel for the State opposed the prayer and submitted that from to the prosecution evidence the guilt of the appellant is clearly proved, so the learned trial Court did not commit any mistake in finding the appellant guilty for the aforesaid offence, so the sentence of the appellant should not be suspended.

Looking to the facts and circumstances of the case, contention of learned counsel of the appellant and the fact that the appellant is in custody since the date of judgment i.e. 08.10.2021 and according to listing policy the hearing of this appeal will take 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 the pendency of this appeal and he be released on bail upon Signature Not Verified SAN

his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Digitally signed by MONIKA CHOURASIA Date: 2022.07.14 16:22:20 IST

only) with one surety in like amount to the satisfaction of the trial Court for his

appearance before the Registry of this Court on 06/12/2022 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

List the case for final hearing in due course.

C.C. on payment of usual charges.

(RAJEEV KUMAR DUBEY) JUDGE

m/-

Signature Not Verified SAN

Digitally signed by MONIKA CHOURASIA Date: 2022.07.14 16:22:20 IST