Bablu @ Dharmendra vs The State Of Madhya Pradesh
2022 Latest Caselaw 8080 MP

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  IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                  BEFORE
                  HON'BLE SHRI JUSTICE VIVEK RUSIA
                                     &
         HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)


                           CRA No. 450 of 2013
       (BABLU @ DHARMENDRA Vs THE STATE OF MADHYA PRADESH)



Dated : 20-06-2022
      Ms. Sharmila Sharma, learned counsel for the appellant.
      Shri Mukesh Kumawat, learned counsel for the respondent/State.

Heard on I.A. No.1457/2022, which is repeat 4th application for suspension of sentence filed on behalf of the appellant- Bablu @ Dharmendra. The appellant is in custody on account of committing murder of his own wife by way of throttling.

The appellant has been convicted vide judgment dated 28.02.2013 in Session Trial No.551/2011 passed by Session Judge, Indore as below:-

            Conviction                         Sentence
      Section       Act    Imprisonment Fine      deposited Imprisonment
                                        details             in lieu of Fine
      302           I.P.C. L.I.              Rs.1000/-        6 month R.I.

Learned counsel for the appellant submits that the appellant is in jail since the date of arrest. His three minor children are with his mother, who is not in a position to maintain them because of her old age. This case is based on circumstantial evidence as the children have not been examined in the Court. The appellant is not hardened criminal and after

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release on bail, he will be in a position to settle his children and if his conviction is upheld, he will serve the remaining part of the sentence. In these circumstances, counsel for the appellant prays for grant of benefit of suspension of sentence.

Learned counsel for the respondent/State opposes the prayer for suspension of sentence.

Considering the facts and circumstances of the case, allegations against appellant and period of custody and there is no likelihood of final hearing of this criminal appeal in near future, without commenting on the merits of the case the application for suspension of sentence I.A. No.1457/2022 is allowed. Execution of jail sentence of the appellant is hereby suspended and it is ordered that the appellant - Bablu @ Dharmendra be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his appearance before the Court, the execution of custodial part of the sentence shall remain suspended, till the final disposal of this appeal.

The appellant shall mark his presence before the registry of this Court on 19/12/2022 and on all such subsequent dates, which are fixed in this regard by the Registry. I.A. No.1457/2022 stands disposed of.

I.A. No.5679/2022 also stands disposed of.

List for final hearing in due course.

Certified copy as per rules.

                  (VIVEK RUSIA )                           (AMAR NATH (KESHARWANI))
                     JUDGE                                           JUDGE
      N.R.
Digitally signed by
NARENDRA KUMAR RAIPURIA
Date: 2022.06.21 18:59:29
+05'30'