Bablu vs The State Of Madhya Pradesh
2022 Latest Caselaw 8092 MP

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             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                            CRA No. 1199 of 2020
                 (BABLU AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 20-06-2022
       Shri R.S.Rajput, learned counsel for the appellants.

       Shri Sushant Tiwari, learned Public Prosecutor for the respondent/State.

Heard on IA.No.5781/2022 and I.A.No.9253/2022, second and third applications under 389 of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellants- Bablu and Bhaiyalal. Earlier applications have been dismissed as withdrawn.

In brief, prosecution case is that appellants along with co-accused on the dispute of braking of pipe committed Marpeet with Malkhan by means of iron rod and Lathi, due to which he sustained injury on head and died. After trial, they have been convicted by the Second Additional Sessions Judge, Ganj Basoda, Distt. Vidisha, vide judgment dated 13.1.2020 in Sessions trial No.62/2013 for the offence punishable under Section 304 Part II of IPC and sentenced to undergo ten years RI with fine of Rs.5,000/- each.

I t is submitted by learned counsel for the appellants that during trial appellant Bablu remained in custody from 23.10.2013 to 4.6.2014 and appellant

Bhaiyalal remained in custody from 23.1.2015 to 13.2.2015 and after judgment since 13.1.2020 they are in custody. During trial, they were on bail, but they did not misuse the liberty so granted. Amount of fine has been deposited by them. They have a good case on merits. Final hearing of the appeal will take time. Therefore, prayer for suspension of sentence has been made.

Learned counsel for the State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon merits of the case, IA.Nos.5781/2022 & 9253/2022 are allowed and it is directed that jail sentence of appellants will remain under suspension subject to verification that amount of fine has been deposited, on appellants' furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 12th December, 2022 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

C.c. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

ms/-

MADHU SOODAN PRASAD 2022.06.20 18:08:47 +05'00'