Ballu @ Balram vs The State Of Madhya Pradesh
2022 Latest Caselaw 4082 MP

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      IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                               CRA No. 609 of 2012
                     (BALLU @ BALRAM Vs THE STATE OF MADHYA PRADESH)

Dated : 24-03-2022
      Shri Anshul Shrivastava, learned counsel for the appellant.
      Shri Kamal Kumar Tiwari, learned counsel for the respondent State.

Heard on I.A. No.3092/2022 which is repeat second application under Section 389(1) of Cr.P.C. for suspension of remaining jail sentence on behalf of sole appellant Ballu @ Balram.

The first application (I.A.No.7894/2013) for suspension of jail sentence of

appellant was dismissed as withdrawn vide order dated 03.12.2014.

The appellant has been convicted under Section 302 of IPC and sentenced to undergo Life imprisonment with fine of Rs. 10,000/- with default stipulations vide judgment dated 29.03.2012 delivered in Sessions Trial No.443/2010 by Additional Sessions Judge, Manawar District Dhar.

As per prosecution story, on 09.09.2010 Puniya (deceased), present appellant Ballu @ Balram and Mohan were going on a motor cycle. Some dispute arose between them and after sometime dead body of Puniya was found. An FIR was registered under Section 302 of IPC and on investigation, it was revealed that

the present appellant has committed murder by throwing stone on the head of Puniya (deceased).

Learned counsel for the appellant submits that the entire prosecution story is based on circumstantial evidence. Except last seen, no other witnesses have been examined. Even otherwise the dispute arose suddenly and there was no premeditation or pre-planning, hence, the offence would not travel more than Section 304 (Part-II) of the IPC for which the appellant has already undergone sufficient period of jail sentence.

Learned Govt. Advocate for the respondent/State opposes the prayer for suspension of jail sentence of the appellant.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties,we are of the the considered opinion that the application for suspension of custodial sentence moved on behalf of the sole appellant deserves to be allowed.

Accordingly, I.A. No.3092/2022 is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant in the 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 sole appellant after being enlarged on bail, shall mark his presence before concerned trial court on 26/09/2022 and on all such subsequent dates, which are fixed in this regard by Trial Court concerned.

I.A.No.3093/2022 an application for early hearing stands disposed of. Certified copy, as per rules.

      (VIVEK RUSIA)                                 (AMAR NATH (KESHARWANI))
          JUDGE                                              JUDGE

das
                 Digitally signed by REENA
                 PARTHO SARKAR
                 Date: 2022.03.24 17:20:26
                 +05'30'