Babloo Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 17157 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                        CRA No. 7978 of 2023
                                              (BABLOO SINGH Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-10-2023
                                 Shri R.S. Patel alongwith Shri Rahul Mishra - Advocate for appellant.

                                 Shri Akhilendra Singh - Government Advocate for respondent/State.

Hear d o n I.A. No.23868/2023, t h i s is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Babloo Singh.

The appellant has been convicted vide judgment dated 01/06/2023 passed by Sessions Judge, Dindori in S.T. No. 130/2021 for commission of offence punishable under Sections 323 and 459 of IPC and sentenced to undergo RI for 5 years for commission of offence punishable under Section 459 of IPC and to pay fine of Rs.1000/- for each offence with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. No offence under Section 459 of IPC is made out against the appellant. There are fair chances of

success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal.

O n the other hand, learned Government for the respondent/State has opposed the prayer and prayed for dismissal of the above application. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that no offence under Section 459 of IPC is made out against the appellant and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Babloo Singh s hall remain suspended during the pendency of this appeal and they be released on bail subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one separate surety in like amount to the satisfaction of the trial Court for his

appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM