Madhya Pradesh High Court
Bablu @ Mohan vs The State Of Madhya Pradesh on 25 October, 2023
Author: Chief Justice
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 1170 of 2019
(BABLU @ MOHAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-10-2023
Shri S.K. Tiwari - Advocate for appellant No.1.
Shri A.K. Shah - Advocate for appellant Nos. 7 and 8.
Shri G.S. Thakur - Public Prosecutor for respondent/State.
Heard on I.A.No.5630 of 2021, a repeat application seeking for
suspension of sentence and grant of bail filed on behalf of accused/appellant
Nos.7 and 8; namely Keshu @ Bhalla and Bhura as well as on I.A.No.20853 of
2022, a repeat application seeking for suspension of sentence and grant of bail
filed on behalf of accused/appellant No.1 Bablu @ Mohan. The
accused/appellants have been convicted under Sections 302/149, 341, 148 and
323/149 (three counts) of the Indian Penal Code and sentenced to undergo
imprisonment for Life and fine of Rs.1000/-; R.I. for one month and fine of
Rs.500/-; R.I. for two years and fine of Rs.500/- and R.I. for six months and
fine of Rs.3,000/- on each count, respectively with default stipulations vide
judgment of conviction and order of sentence dated 28.01.2019 passed by the
9th Additional Sessions Judge, Jabalpur in Sessions Trial No.7100611/2014.
Earlier applications of the appellants were dismissed on merits vide order dated
28.08.2019.
2. These repeat applications have been filed on the ground that the appellant
Nos.7 & 8 are in custody since 20.08.2014 and appellant No.1 is in custody
since 25.08.2014 and they have undergone jail sentence of more than ten years
including remission and, therefore, in view of the order dated 05.10.2021
passed by the Hon'ble Supreme Court in SLP (Criminal) No.4633 of 2021
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/27/2023
7:04:05 PM
(Saudan Singh vs. The State of U.P. and others), the appellants are entitled to
be released on bail. Hearing of the appeal will take a considerable long time.
They 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.
3. Per contra, learned State counsel has vehemently opposed the contentions
stating that earlier applications of the appellants have already been rejected on
merits vide order dated 28.08.2019. No changed circumstance has been pointed
out by the appellants for consideration of these repeat applications. There is
active participation of the present appellants in commission of offence. The
prosecution case is fully proved by the injured eyewitnesses as well as by the
medical evidence. Therefore, the appellants cannot be extended the benefit of
the order passed by the Hon'ble Supreme Court in the case of Saudan Singh
(supra) as their case clearly falls under the exceptions which have been carved
out by the Hon'ble Supreme Court. In view of the aforesaid, he has prayed for
dismissal of the applications.
4. Considering the overall facts and circumstances of the case and looking to
the gruesome manner in which the offence has been committed, no case is
made out to release the appellants on bail. So far as the custody period is
concerned, the Hon'ble Supreme in the case of Saudan Singh (supra) has
carved out certain exceptions for considering the period of custody while
granting bail and the case of the present appellants clearly falls under those
exceptions. Therefore, the period of detention cannot be a ground to enlarge the
appellants on bail.
5. Accordingly, I.A. Nos.5630 of 2021 and 20853 of 2022 are rejected.
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/27/2023
7:04:05 PM
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
sj
Signature Not Verified
Signed by: SUSHEEL
KUMAR JHARIYA
Signing time: 10/27/2023
7:04:05 PM
