Madhya Pradesh High Court
Balram @ Babloo vs The State Of Madhya Pradesh on 29 August, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 6897 of 2023
(BALRAM @ BABLOO Vs THE STATE OF MADHYA PRADESH)
Dated : 29-08-2023
Shri Pradeep Kumar Naveria - Advocate for appellant.
Shri Pramod Thakre - Public Prosecutor for respondent/State.
Heard on I.A.No.12141 of 2023, first application filed under Section
389(1) of Cr.P.C. for suspension of sentence and bail on behalf of appellant -
Balram @ Babloo.
Vid e impugned judgment dated 25.04.2023 passed by the Second
Additional Sessions Judge, Sagar in S.T. No.314 of 2021, the appellant has
been convicted for offence punishable under Sections 506-B, 323 read with
Section 34 and Section 302 read with Section 34 of Indian Penal Code and
sentenced to undergo R.I. for six months with fine of Rs.1000/-, R.I. for six
months with fine of Rs.1000/- and Life Imprisonment with fine of Rs.5000/-
respectively, with default stipulations.
As per the prosecution story, on 09.12.2020, the complainant lodged a
report by stating that on 08.12.2020 when he was standing in front of his house,
he heard the voice of his son and upon reaching the spot he saw that his son
was being abused by one Aditya Soni and Gattu Namdev. When he inquired
about the incident, he was informed that when his son was returning from a
marriage function, the above mentioned co-accused persons slapped him and
started abusing him. Thereafter, the said accused persons called other accused
who gathered there and they altogether with common intention started attacking
him with different weapons and thereafter ran away. The complainant picked up
Signature Not Verified
his son who was in an unconscious state and was taken to the hospital where he
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 8/31/2023
6:17:18 PM
succumbed to the injuries. Thereafter a criminal case was registered at Crime
No.365 of 2020 against the present appellant and other co-accused persons for
the offences punishable under Sections 194, 147, 148, 149, 323, 324 and 302 of
Indian Penal Code and Section 25/27 of the Arms Act. After completion of the
investigation, the charge sheet was filed and the present appellant/accused was
put to trial. After completion of trial, the present appellant was convicted for the
offence punishable under Sections 506-B, 323 read with Section 34 and Section
302 read with Section 34 of Indian Penal Code and sentenced as mentioned
above.
It is the case of the appellant that he was not armed with any weapon.
The allegation against him is that he accompanied the other co-accused. There
is no seizure of any weapon from the present appellant. In all 13 persons were
made as accused in the case. 9 persons were tried in the present Sessions Trial
No.314 of 2021. 4 persons being juvenile were tried before the Juvenile Board.
He was on bail during trial and has not misused the liberty granted by the Court.
The appellant is in custody since 25.04.2023. He has been falsely implicated in
the case due to previous enmity. On these grounds, he has prayed for
suspension of sentence and grant of bail.
State counsel has vehemently opposed the contentions and submitted
that there are five eye witnesses of the incident who have categorically taken the
name of the present appellant and shown his presence but he could not dispute
the fact that there is no recovery from the present appellant. There are no
allegations against the present appellant of inflicting injury by means of any
weapon to the deceased or the injured but he submits that as his presence is
clearly reflected on the spot, by aid of Section 34 of Indian Penal Code, the
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 8/31/2023
6:17:18 PM
appellant has been convicted. He has placed reliance upon the statements of
five witnesses namely Mahesh Chaurasiya (PW-1), Kiran Chaurasiya (PW-2),
Narendra Chaurasiya (PW-3), Anoop Chaurasiya (PW-4) and Rajesh
Chaurasiya (PW-5). He has prayed for dismissal of the application.
Considering the overall facts and circumstances of the case and the fact
that no specific role is attributed to the present appellant, neither there is seizure
of any weapon from the present appellant, this Court deems it appropriate to
allow the application for suspension of sentence.
Accordingly, without expressing any opinion on the merits of the case,
I.A.No.12141 of 2023 is allowed and it is directed that the jail sentence of the
appellant will remain under suspension subject to the verification that the
amounts of fine have been deposited and he be released on bail on furnishing a
bail bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of trial Court concerned for his
appearance before that Court on 28.11.2023 and thereafter on such other
subsequent dates as may be fixed in this regard.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
AM
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 8/31/2023
6:17:18 PM
