Madhya Pradesh High Court
Babbu @ Bangad @ Babliya @ Suresh vs The State Of Madhya Pradesh on 2 August, 2024
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-9845-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 9845 of 2023
(BABBU @ BANGAD @ BABLIYA @ SURESH Vs THE STATE OF MADHYA PRADESH )
Dated : 02-08-2024
Shri Ashish Gupta, learned counsel for the appellant.
Shri Bhuwan Gautam, Govt. Advocate for the respondent/State.
Heard on I.A.No.11343/2024, which is the first application filed under
Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of the appellant - Babbu alias Bangad alias Babliya alias
Suresh.
2. The appellant stands convicted vide judgment of conviction and
order of sentence dated 06.07.2023 passed by the Second Additional
Sessions Judge, Sendhwa District Barwani (MP) in Session Trial
No.ST/09/2018 for the offence punishable under Section 307 of IPC and
sentenced to undergo life imprisonment and further convicted u/S 25(1)(B)
(B) of Arms Act and sentenced to suffer 02 years R.I. with fine of Rs. 500/-
with default stipulation .
3. The prosecution case found to be proved is that on 12.10.2017, the
complainant Santosh S/O Mahesh Prasad Shukla has lodged dehati nalishi to
the effect that while he and Gopal Joshi who were lodged in jail in Sanjay
Janwar Murder case were brought for hearing of the case to the Court with
police escort and they were made to stand near the chair of Reader and the
ADJ has started the hearing, the present appellant entered the Court
2 CRA-9845-2023
premises wielding a pistol and started firing on him and Gopal Joshi. He
received a gun-shot on his neck and Gopal Joshi received a gun-shot on his
head and other parts of the body. He had fired 4-5 times. However, thereafter
he was caught hold by the brother of the complainant as well as the police
personnel present on the spot. Accordingly, a case has been registered.
4. Learned counsel for the appellant submits that appellant is innocent
and he has been falsely implicated in the case. There is some issue of
mistaken identity as the incident took place at around 12:15 p.m. and the
seizure of pistol took place at 5:00 p.m. Even otherwise, appellant is in
custody since 12.10.2017. Learned counsel for the appellant further submits
that final disposal of this appeal will take considerable time. Therefore, in
such circumstances, it is prayed that the jail sentence of appellant be
suspended and he be released on bail.
5. Learned counsel for the respondent/ State opposes the prayer for
suspension of jail sentence and prays for its rejection on the ground that there
is an active participation of the appellant in the crime as he is the sole
accused and has done open fire in the Court premises during hearing.
Hence, no case for suspension of jail sentence of appellant is made out.
6. Heard learned counsel for the parties and perused the record.
7. Looking to the facts, circumstances and the fact that appellant is in
custody since 12.10.2017, we deem it fit to suspend the remaining jail
sentence of the appellant.
3 CRA-9845-2023
8. Accordingly, I.A.No.11343/2024 is allowed and it is directed that
subject to deposit of fine amount, if not already deposited, and on furnishing
personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only ) with one
solvent surety in the like amount to the satisfaction of learned trial Court, the
execution of remaining jail sentence of the appellant Babbu alias Bangad
alias Babliya alias Suresh. S/o Shri Ashok Koli shall remain suspended, till
final disposal of this appeal.
9. The appellant after being enlarged on bail shall mark his presence
before the trial Court on 17/09/2024 and thereafter on all such subsequent
dates, as may be fixed in this behalf.
10. List the matter for final hearing in due course.
Certified copy as per rules.
(SUSHRUT ARVIND DHARMADHIKARI) (DUPPALA VENKATA RAMANA)
JUDGE JUDGE
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