Madhya Pradesh High Court
Babbu @ Babu Lal Yadav vs The State Of Madhya Pradesh on 22 December, 2023
Author: Roopesh Chandra Varshney
Bench: Roopesh Chandra Varshney
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 5859 of 2023
(BABBU @ BABU LAL YADAV Vs THE STATE OF MADHYA PRADESH)
Dated : 22-12-2023
Shri Manish Datt - Senior Advocate with Shri Shubham Mishra -
Advocate for applicant.
Shri Dileep Kumar Shrivastava - Government Advocate for
respondent/State.
Heard on question of admission.
Revision is admitted for final hearing.
Also heard on I.A. No.29580/2023, t h is is first application for
suspension of sentence and grant of bail filed under Section 397(1) of Cr.P.C.
on behalf of applicant- Babbu @ Babu Lal Yadav.
T h e applicant has been convicted vide judgment dated 26/10/2023
passed by Second Additional Sessions Judge, Chhatarpur in Criminal Appeal
No. 18/2019, whereby appeal preferred by applicant against judgment dated
29/01/2019 passed by Chief Judicial Magistrate, Chhatarpur in RCT No.
2102456 got dismissed by affirming the judgment and applicant has been
convicted for offence punishable under Sections 420, 467, 468, 471 and 120(B)
of IPC and sentenced to undergo RI for 3 years, 5 years, 3 years, 5 years and
one year and to pay fine amount of Rs.1,500/-, Rs.2,000/-, Rs.1,500/-,
Rs.2,000/- and Rs.1,000/- for each offence respectively with usual default
stipulations.
Learned Senior counsel for the applicant submits that the appellate Court
as well as trial Court have not properly appreciated the evidence in its proper
perspective and committed grave error in convicting the applicant for aforesaid
offence. The applicant is ready to deposit Rs.8,500/- under protest before the
trial Court. There are fair chances of success of this revision and final hearing
of same will take considerable time, therefore, if remaining custodial sentence
has not been suspended, then the revision filed by applicant may turn
infructuous. Under these circumstances, learned counsel for applicant prays for
suspension of jail sentence and release of the applicant on bail till the final
disposal of the appeal.
O n the other hand, Government Advocate has opposed the contention
rais ed by learned counsel for applicant and prays for rejection of said
application.
Looking to the aforesaid facts and circumstances of the case coupled
with the fact that the applicant is ready to deposit Rs.8,500/- under protest
before the trial Court and according to listing policy the hearing of this revision
will take time, the application is allowed and it is directed that the execution of
the remaining jail sentence passed against applicant- Babbu @ Babu Lal
Yadav shall remain suspended during the pendency of this revision and they be
released on bail subject to depositing Rs.8,500/- under protest before the
trial court and entire fine amount, if already not deposited and upon his
furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand
only) with one surety in like amount to the satisfaction of the trial Court for
securing his presence appearance before the trial Court on 02/01/2024 and on
such further dates as may be fixed by trial Court it in this regard during the
pendency of this revision.
List the revision for final hearing in due course.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
skt
