Madhya Pradesh High Court
Babulal vs The State Of Madhya Pradesh on 12 May, 2023
Author: Vivek Rusia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1929 of 2014
(BABULAL AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 12-05-2023
Ms. Sharmila Sharma - Advocate for appellant.
Mr. Amit Rawal - Government Advocate for the respondent/State.
Heard on IA.No.5459/2023, which is an application for urgent hearing,
stands disposed off.
Heard on I.A.No.5458/2023, which is fifth application under Section 389
of Cr.P.C. for grant of bail and suspension of remaining jail sentence on behalf
of the appellant No.1 Babulal S/o Nandram.
Appellant stands convicted vide judgment dated 11/11/2014 passed in
Sessions Trial No.401/2012 by Additional Sessions Judge, Mahidpur, District
Ujjain (M.P.) under Section 302/34 of Indian Penal Code, 1860 and has been
sentenced to undergo Life Imprisonment with fine of Rs.500/- with usual default
stipulation.
Learned counsel for the appellant submits that appellant is an innocent
person and he has been falsely implicated in this matter. She is pressing this
application only on the ground of period of custody, age of the appellant and
his illness. Learned counsel submits that appellant has completed more than 11
years jail incarceration. He is an old man aged about 68 years and is suffering
from various diseases. He has no criminal past. This appeal is not likely to be
heard finally in near future and it would take sufficient long time, therefore, in
light of the judgment of the apex Court in the case of Sudan Singh V/s. State
of U.P. [SLP (Crl.) No.4633/2021, decided on 05/10/2021, the jail sentence of
appellant is liable to be suspended. There are material contradictions and
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 5/12/2023
7:04:29 PM
omissions in the statement of the witnesses and there is a strong case in favour
of the appellant. Hence, the execution of the remaining part of the jail sentence
of the appellant be suspended till the final disposal of this appeal.
P e r contra, learned counsel for the respondent / State opposes the
application for suspension of sentence and prays for its rejection by submitting
that the trial Court after due appreciation of the evidence has convicted the
appellant, hence, his application for suspension of sentence is liable to be
rejected.
Considering all the facts and circumstances of the case, nature of the
allegation levelled against the appellant and also taking note of the fact that
appellant is an old person of 68 years of age and he has already suffered jail
incarceration of more than eleven years and final conclusion of the appeal will
still 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
appellant.
Accordingly, I.A.No.5458/2023 is allowed and it is directed subject to
deposit of fine amount, if not already deposited, and subject to furnishing
personal bond by the appellant in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of learned trial Court, the execution of remaining custodial part of the sentence
of the appellant shall remain suspended, till final disposal of this appeal.
The appellant after being enlarged on bail shall mark his presence before
the Registry of this Court on 04/12/2023 and on all such subsequent dates,
which are fixed in this behalf.
Certified copy as per rules.
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 5/12/2023
7:04:29 PM
(VIVEK RUSIA) (ANIL VERMA)
JUDGE JUDGE
Tej
Signature Not Verified
Signed by: TEJPRAKASH
VYAS
Signing time: 5/12/2023
7:04:29 PM
