Babulal vs The State Of Madhya Pradesh
2023 Latest Caselaw 7171 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     CRA No. 5710 of 2023
                                         (BABULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-05-2023
                               Shri Bhavishya Sharma - Advocate for appellant.

                               Shri D.G. Mishra - Government Advocate for the respondent/State.

Heard on I.A.No.5906/2023, which is first application under Section 389(1) of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf of appellants No.1 to 7 namely Babulal S/o Manguji, Kamal S/o Babulal,

Mohan S/o Gullaji, Rajesh @ Rajaram S/o Narayan, Galla @ Gulab S/o Manguji, Amarsingh S/o Bherusingh, Balusingh S/o Bherusingh.

Appellants stand convicted vide judgment dated 11/04/2023 passed in S.T.No.100406/2015 by I Additional Sessions Judge, Agar, District Shajapur (M.P.) under Sections 148, 325/149 (3 counts) and 323/149 of Indian Penal Code, 1860 and have been sentenced to undergo 01 year RI with fine of Rs.500/-, 03-03 years RI with fine of Rs.1000-1000/- for every count) and 06 months RI with fine of Rs.500/- respectively with usual default stipulation.

Learned counsel for the appellants submits that appellants are innocent

persons and they have been falsely implicated in this matter. During the trial appellants were on bail and they have not misused the liberty granted to them. Their jail sentence has also been suspended by the Trial Court till 23/05/2023. There are material contradictions and omissions in the statement of the witnesses. Two appellants are physically disabled person. Looking to old pendency of the cases for consideration, final conclusion of this appeal would take sufficient long time. There is a strong case in favour of the appellants. Hence, the execution of the remaining part of the jail sentence of the appellants Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/3/2023 12:37:41 PM

be suspended till the final disposal of this appeal.

Per contra, learned counsel for the respondent / State opposes the application for suspension of sentence and prays for its rejection.

Considering all the facts and circumstances of the case, nature of the allegation levelled against the appellants and also taking note of the fact that appellants were on bail during the trial; there is no complaint that they have misused the liberty granted to them and final conclusion of the appeal will also take sufficient long time. In view of the aforesaid facts and circumstances of the case, I deem it proper to suspend the remaining custodial sentence of the appellants.

Accordingly, I.A.No.5906/2023 is allowed and it is directed subject to deposit of fine amount, if not already deposited, and subject to furnishing personal bond by the appellants in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent sureties each in the like amount to the satisfaction of learned trial Court, the execution of remaining custodial part of the sentence of the appellants shall remain suspended, till final disposal of this appeal.

Since two appellants are physically challenged person,therefore, in order to maintain uniformity, all the appellants after being enlarged on bail shall mark their presence before the concerned trial Court on 24/11/2023 and on all such subsequent dates, which are fixed in this behalf.

Let record of the trial Court be requisitioned. Certified copy as per rules.

(ANIL VERMA) JUDGE Signature Not Verified Tej Signed by: TEJPRAKASH VYAS Signing time: 5/3/2023 12:37:41 PM

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 5/3/2023 12:37:41 PM