Madhya Pradesh High Court
Babloo And 2 Ors. vs The State Of Madhya Pradesh on 25 September, 2023
Author: Sushrut Arvind Dharmadhikari
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 1513 of 2013
(BABLOO AND 2 ORS. AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 25-09-2023
Shri C.P. Purohit, learned counsel for the appellant.
Shri Gaurav Singh Chouhan, learned Govt. Advocate for the
respondent/State.
Heard on IA No.14395/2023, which is fourth application for temporary
suspension of sentence under Section 389(1) of Criminal Procedure Code,
1973 filed on behalf of appellant No.1 - Babloo S/o Imrat Dhobi and
appellant No.2 - Nita @ Nitesh S/o Imrat Dhobi, who have been convicted
by learned Seventh Additional Sessions Judge, Indore, District - Indore(MP) in
Session Trial No.29/2013 vide judgment dated 03.08.2013.
02. The appellants No.1 and 2 stands convicted under Section 366 of
IPC and sentenced to RI for 7 years with fine of Rs.1,000/- each, under Section
376-2-G and 302 of IPC sentenced RI for Life Imprisonment each with fine of
Rs.3,000-3,000/-each and under Section 201 of IPC sentenced to RI for 7 years
with fine of Rs.1,000/- each with default stipulation.
03. This application for temporary suspension of sentence has been filed
by the present appellants on the ground of death of their mother.
04. Learned counsel for the appellants submits that the mother of the
present appellant namely, Kalabai has expired on 17.09.2023. Appellants are
the sons of the deceased and to perform the last rites function, which is going
to be held on 27.09.2023 and 28.09.2023, the presence of appellants are
necessary, therefore, it is prayed that the jail sentence of the appellants No.1 and
2 may be suspended temporarily for a period of seven days and they be
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 25-09-2023
04:59:36
released on bail.
05, The aforesaid factum of death has been duly verified by the State.
06. We have heard learned counsel for the parties and perused the
record. The appellants No.1 and 2 have filed death certificate of their mother.
The aforesaid application for temporary suspension of jail sentence is also
supported by an affidavit filed by learned counsel for the appellant.
07. Considering the aforesaid, without expressing any opinion on the
merits, I.A. No.14395/2023 is partly allowed. The custodial sentence of the
appellant No.1 - Babloo S/o Imrat Dhobi and appellant No.2 - Nita @
Nitesh S/o Imrat Dhobi are temporarily suspended and it is directed that they
be released on temporary bail for period of seven(7 days) from the date of
their release, and on their furnishing bail bond in the sum of Rs.50,000/-
(Rupees Fifty Thousand only)each with one solvent surety each of like
amount to the satisfaction of the Trial Court subject to the condition that they
shall surrender immediately on expiry of seven days from the date of release
before Trial Court for being committed to custody.
IA No.14395/2023 stands disposed of.
Registry is directed to requisition the report of surrender from the Trial
Court on or before the next date of hearing.
Certified copy as per rules.
(S. A. DHARMADHIKARI) (PRAKASH CHANDRA GUPTA)
JUDGE JUDGE
pn
Signature Not Verified
Signed by: PREETHA HARI
NAIR
Signing time: 25-09-2023
04:59:36
