Madhya Pradesh High Court
Babulal vs The State Of Madhya Pradesh on 14 November, 2022
Author: Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRR No. 2258 of 2022
(BABULAL Vs THE STATE OF MADHYA PRADESH)
Dated : 14-11-2022
Shri Apoorv Jain, learned counsel for the petitioner .
Shri Valmik Shakargaye, learned Panel Lawyer for the respondent/State.
Heard on I.A.No.8685/2022, an application for suspension of jail
sentence of the petitioner - Babulal S/o Nagji.
Petitioner has been acquitted from the offence punishable u/S 323/34 of
IPC in respect of injured Kamal. However convicted u/S 323/34 and 325/34 of
IPC in respect of remaining injured persons and sentenced to suffer 02 months
S.I. with fine of Rs. 500/- and further sentenced to suffer 01 year RI with fine of
Rs. 1,000/- by the 6th Additional Sessions Judge, District Ratlam vide
judgment 03.02.2022 passed in Cr.A. No. 137/2019, modifying the judgment
passed by JMFC Sailana District Ratlam in Cr.Case No. 576/2014 by which
petitioner has been convicted u/S 323/34 and 325/34 of IPC and sentenced to
suffer 02 months R.I. with fine of Rs. 500/- and 01 year RI with fine of Rs.
1,000 with default stipulation.
Learned counsel for the petitioner referring the report dated 13.10.2022
received from the Superintendent, Sub-Jail Sailana Distt. Ratlam submits that
petitioner has suffered about 02 months of jail incarceration till now out of total
sentence awarded of 01 year. He further submits that the learned trial court as
well as first appellate Court has committed error in holding the petitioner guilty.
There is no likelihood of final conclusion of this revision/petition in near future.
It is further submitted that short sentence has been awarded to the petitioner.
Hence, it is prayed that application for suspension of jail sentence filed on
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 11/15/2022
11:35:27 AM
behalf of the petitioner be allowed.
Per contra, learned counsel for respondent/State has opposed the prayer
and prays for dismissal of the application for suspension of jail sentence.
Having considering the rival submissions, the material produced on
record, so also the fact that there is no likelihood of conclusion of final hearing
of this revision in near future and the fact that only short sentence has been
awarded by the court below, without commenting on merits of the case
application for suspension of jail sentence of the petitioner is allowed.
It is directed that jail sentence of the petitioner shall remain suspended
subject to his deposit of fine amount, if not already deposited, and he be
released on bail on his furnishing a personal bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand Only) with one solvent surety in the like amount to
the satisfaction of the trial Court. The petitioner is directed to appear before the
Registry of this Court on 12.12.2022 and on other subsequent dates as may be
fixed in this behalf.
Accordingly, the I.A. No.8685/2022 stands disposed of.
C.c. as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
sh
Signature Not Verified
Signed by: SEHAR HASEEN
Signing time: 11/15/2022
11:35:27 AM
