Madhya Pradesh High Court
Ballu @ Vijay Soni vs The State Of Madhya Pradesh on 11 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 360 of 2023
(BALLU @ VIJAY SONI AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Dated : 11-10-2023
Shri Vivek Agrawal - Advocate for appellants.
Shri Pramod Thakre - Public Prosecutor for respondent/State.
Heard on I.A.No.280 of 2023:
2. This is the first application filed by the accused/appellants Ballu @ Vijay
Soni and Harilal @ Chhotu Kori seeking for suspension of sentence and grant
of bail. Appellant Ballu @ Vijay Soni has been convicted under Sections 363,
302/34 and 201 of the Indian Penal Code and sentenced to R.I. for 1 year and
fine of Rs.1000/-; R.I. for Life and fine of Rs.1000/- and R.I. for 1 year and
fine of Rs.1000/-, respectively with default stipulations. He has also been
convicted under Section 3(2)(v-a) and 3(2)(v) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act and sentenced to R.I. for 1
year and fine of Rs.1000/- and R.I. for Life and fine of Rs.1000/-, with default
stipulations. Appellant Harilal @ Chhotu Kori has been convicted under
Sections 363, 302/34 and 201 of the Indian Penal Code and sentenced to R.I.
for 1 year and fine of Rs.1000/-; R.I. for Life and fine of Rs.1000/- and R.I. for
1 year and fine of Rs.1000/-, respectively with default stipulations as mentioned
in the impugned judgment.
3. The case of the prosecution is that on 23.05.2017 at abut 3:45 PM the
complainant lodged a report to the effect that his younger son aged about 13
years namely Dev Kumar @ Dashrath had gone to the shop of Ballu @ Vijay
Soni and did not return. A dead body was found near a pond and identified as
son of the Dashrath. Investigation was taken up and after recording the
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
2:16:57 PM
statements of the witnesses, the accused were arrested. The charge-sheet was
filed against the accused. On trial, they have been convicted and sentenced as
mentioned above.
4. Learned counsel for the appellants contends that there is no material to
implicate the accused. The entire case of the prosecution is based on
circumstantial evidence. The prosecution has failed to prove any link in the
case. There is no likelihood of early hearing of the appeal in near future. They
are in custody since 31.12.2022 and are ready to abide by all the terms and
conditions that may be imposed by this Court while considering the application
for suspension of sentence and grant of bail.
5. Per contra, learned Public Prosecutor has vehemently opposed the
contentions stating therein that there is ample evidence against the appellants.
6. Considering the overall facts and circumstances of the case and the fact
that the injuries sustained on the body of the deceased are not relatable to
accused herein coupled with the fact that the prosecution case rests upon the
last seen theory, this Court deems it appropriate to allow the application for
suspension of sentence and grant of bail.
7. Accordingly, without expressing any opinion on the merits of the case, I.A.
No.280 of 2023 is allowed and it is directed that the jail sentence of the
appellants will remain under suspension subject to the verification that the
amounts of fine have been deposited and they be released on bail on furnishing
bail bonds of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent
surety in the like amount to the satisfaction of the trial Court concerned for their
appearance before that Court on 04.01.2024 and thereafter on such other
subsequent dates as may be fixed in that regard.
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
2:16:57 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/13/2023
2:16:57 PM
