Gopal Prasad Badkur vs The State Of Madhya Pradesh
2023 Latest Caselaw 18363 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 8731 of 2019
                                      (GOPAL PRASAD BADKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 02-11-2023
                                   Shri Amit Dubey - Advocate for the appellants.

                                   Shri Amit Kumar Sharma - Government Advocate for the respondent-

State.

Heard on I.A. No.17485/2023, a repeat application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant

No.4 - Shubham @ Bhura Badkur arising out of judgment dated 12.09.2019 delivered in S.T. No.107/2015 passed by 3rd Additional Sessions Judge, Itarsi, Distt. Hoshangabad. Earlier application was dismissed as withdrawn vide order dated 05.10.2020 .

The appellant No.4 has been convicted for the offence punishable under Section 302 r/w 34 of IPC and sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation.

Learned counsel for this appellant submits that as per prosecution story on 16.01.2015 at around 10:55 am a sudden quarrel had taken place between

Dinesh @ Babban and Gopal Badkur. This appellant is servant of Gopal. It is alleged that Babla Badkur caught hold of Dinesh and Nirdesh Badkur assaulted him by means of a 'gupti' because of which deceased succumbed to the injuries. Learned counsel for this appellant submits that he is in custody from the date of judgment. In absence of any overt act on the part of this appellant, his conviction is bad in law. He already remained in custody for actual 4 years and 4 months. Final hearing of this appeal is not possible in near future. Thus, the remaining jail sentence of this appellant may be suspended. Signature Not Verified Signed by: SWETA SAHU Signing time: 11/3/2023 10:40:04 AM

Learned Government Advocate opposed the prayer on the basis of objection.

Considering the prosecution story and the role allegedly played by this appellant, we deem it proper to suspend the remaining jail sentence of this appellant.

Accordingly, I.A No.17485/2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant No.4 is hereby suspended and it is directed that appellant No.4 - Shubham @ Bhura Badkur be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty

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 trial Court,

Hoshangabad o n 4 th of December, 2023 and also on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Certified copy as per rules.

                               (SUJOY PAUL)                                 (DWARKA DHISH BANSAL)
                                  JUDGE                                            JUDGE

                          ss




Signature Not Verified
Signed by: SWETA SAHU
Signing time: 11/3/2023
10:40:04 AM