Madhya Pradesh High Court
Rakesh @ Babloo vs The State Of Madhya Pradesh on 20 January, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1326 of 2022
(RAKESH @ BABLOO Vs THE STATE OF MADHYA PRADESH)
Dated : 20-01-2023
Shri Padmnabh Saxena, learned counsel for the appellant.
Shri Bhaskar Agrawal, learned Govt. Advocate for the
respondent/State.
Heard on the question of admission.
Admit.
Also heard on I.A. No.8044/2022, first application filed under section
389(1) of the Cr.P.C.,1973 for suspension of jail sentence on behalf of
appellant - Rakesh @ Babloo.
The appellant has been convicted under Section 302 or 302/34, 201 and
404 of IPC and sentenced to undergo Life Imprisonment with fine of
Rs.10,000/-, RI for 7 years with fine of Rs.5000/- and RI for 02 years with fine
of Rs.10,000/- with default stipulation by judgment dated 09.12.2021 passed by
the court of 1st Additional Sessions Judge, Jaora, Distt. Ratlam in ST
No.114/2014.
Learned counsel for the appellant submits that there is no eye witnesses
in the case and entire prosecution case is depends on circumstantial evidence.
Learned trial Court has relied upon Manisha (PW-5) on the point that deceased
was last seen together appellant and co-accused persons. Seizure of mobile
phone from Parsuram (PW-13) is also not established. In para 6 of cross-
examination, Manisha (PW-5) has admitted that she has not seen the accused
persons on the date of of incident. Varsha (Pw-9) has also not supported the
case of prosecution in respect of last seen theory. Therefore, chain of
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 20-01-2023
18:04:00
circumstances are not complete against the appellant. Learned counsel further
submits that appellant was in custody from 13.05.2013 to 07.10.2013 and is in
custody since the date of judgment. This appeal will not come for early hearing
in near future. Hence, under these circumstances, counsel prays for suspension
of jail sentence to the appellant.
Learned Govt. Advocate for the respondent/State opposes the prayer.
Looking to the facts and circumstances of the case and also considering
the evidence available on record against the appellant, we are of the opinion that
the jail sentence of the appellant deserves to be suspended.
Accordingly, I.A. No.8044/2022 is allowed and the execution of jail
sentence of the appellant is hereby suspended and it is ordered that the
appellant be released on bail subject to depositing fine amount, if already not
deposited, and on his furnishing a personal bond of sum of Rs.50,000/-(Fifty
Thousand only) with one solvent surety of the like amount to the satisfaction
of the trial Court with a further direction to appear before the Registry of this
Court on 15.03.2023 and also on such other dates, as may be fixed by the
Registry of this Court in this regard during the pendency of this appeal.
List this matter for final hearing in due course.
I.A. No.8044/2022 is, accordingly, disposed of.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
Vibha
Signature Not Verified
Signed by: VIBHA PACHORI
Signing time: 20-01-2023
18:04:00
