Madhya Pradesh High Court
Bablu vs The State Of Madhya Pradesh on 11 May, 2022
Author: Subodh Abhyankar
1 Cr.A.No.759/2022
(Bablu Vs. State of M.P.)
Indore : Dated 11.5.2022
Shri Harish Tripathi, learned counsel for the appellant.
Shri Bhuwan Deshmukh, learned Govt.Advocate for the
respondent/State.
Heard on I.A.No.5794/2022, which is first application under
Section 389(1) of Cr.P.C. for suspension of sentence.
The trial Court has convicted the appellant vide judgment of
conviction and order of sentence dated 10.12.2021 passed by
Addl.Sessions Judge, Dharampuri, District Dhar in ST
No.200436/2016 as under:-
Offences U/S Conviction Sentence in default of
payment of fine
120-B of IPC Life Imprisonment with fine Three years RI
of Rs.5,000/-
396 of IPC Life Imprisonment with fine Three years RI
of Rs.5,000/-
302/34 of IPC Life Imprisonment with fine Three years RI
(2 count) of Rs.5,000/-
201 of IPC Seven years' RI with fine of Two years RI
Rs.5,000/-
Prosecution case, in brief, is that co-accused Lokesh and
deceased Jitu were Drivers of complainant's truck bearing registration
No.MH-18-AA-9415, while other deceased Mukesh was Helper on
that truck. On 20.7.2016 they loaded pulses in the aforesaid truck and
when they were returning to Indore, co-accused Lokesh alongwith
(Bablu Vs. State of M.P.)
appellant and other co-accused person made a conspiracy to commit
murder of Jitu and Mukesh and to commit dacoity in furtherance of
which co-accused Lokesh called appellant and other co-accused
persons got them seated in the truck and thereafter committed murder
of both the above deceased persons.
Learned counsel for the appellant submits that this case is
based on circumstantial evidence as well as extra judicial confession
made by co-accused Lokesh. It is alleged against the appellant that
his hairs were found in the palm of deceased Jitu and human blood
was also found on his cloths. Learned counsel for the appellant
submits that appellant was not provided opportunity to explain about
the aforesaid fact during his statement recorded under Section 313 of
Cr.P.C.as no specific question was asked from him about that. It has
not been proved that blood stains said to be found on his cloths were
of the group of the deceased persons. Statement of co-accused
Lokesh cannot be read against the appellant. In the aforesaid
circumstances learned trial Court has committed error in holding the
appellant guilty. No case is made out against the appellant. Appellant
is in custody since 24.7.2016. There is no likelihood of hearing of
appeal in near future. The jail sentence of co-accused Pappu @
Mukesh, Saligram and Chotesingh @ Chotu has been suspended by
this Court vide order dated 18.4.2022 passed in Cr.A.Nos.8042/2021
& 926/2022. Appellant's case is similar to that of co-accused Pappu
(Bablu Vs. State of M.P.)
@ Mukesh and is on better footing than that of co-accused
Chotesingh @ Chotu. In view of aforesaid, learned counsel for the
appellant prays for suspension of remaining jail sentence and grant of
the bail to the appellant.
In support of his submissions learned counsel for the appellant
has placed reliance on the judgment of the Supreme Court in the case
of Ajay Singh Vs. State of Maharashtra, AIR 2007 SC 2188.
Learned counsel appearing for the respondent/State has
opposed the prayer and submits that offences alleged against the
appellant are of very serious in nature, therefore, he may not be
released on bail.
Heard learned counsel for both the parties and perused the
record.
The prosecution case is based on circumstantial evidence as
well extra judicial confession of co-accused Lokesh, appellant is in
custody since 24.7.2016 and there is no likelihood of hearing of
appeal in near future, therefore, in view of the material pointed out by
the learned counsel for the appellant and also considering other facts
and circumstances, the application is allowed and jail sentence of the
appellant shall remain suspended.
It is directed that subject to depositing the fine amount, if
already not deposited, appellant shall be released on bail, on
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One
(Bablu Vs. State of M.P.)
Lakh Only) along with solvent surety in the like amount to the
satisfaction of trial Court, for his appearance before the Registry of
this Court firstly on 13.06.2022, and on such other dates, as may be
fixed by the Registry in this regard, till final disposal of this appeal.
I.A.No.5794/2022 is allowed.
List in due course.
C.C. as per rules.
(Subodh Abhyankar) (Satyendra Kumar Singh)
Judge Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.05.13
10:10:19 +05'30'
