Babulal vs The State Of Madhya Pradesh
2024 Latest Caselaw 3775 MP

Madhya Pradesh High Court

Babulal vs The State Of Madhya Pradesh on 8 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 8414 of 2022
                                               (BABULAL Vs THE STATE OF MADHYA PRADESH)

                         Dated : 08-02-2024
                                 Mr. Sanjeev Kumar Agrawal, Advocate for the appellant.

                                 Mr. Rohit Shrivastava, Panel Lawyer for the respondent - State.

Heard on I.A.No. 1612 of 2024, second application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail to the appellant. First application was dismissed as withdrawn with liberty to file afresh after a year.

The appeal has been preferred by the appellant under Section 374 (2) of the Cr.P.C. against the impugned judgment of conviction and sentence dated 17.8.2022 passed by First Additional Sessions Judge, Karera, District Shivpuri (M.P.) in Sessions Trial No. 114/2020 whereby appellant has been convicted and sentenced under Section 306 r.w. 109 of IPC to undergo rigorous imprisonment of seven years with fine of Rs.1000/-, with default stipulations.

Learned counsel for the appellant submits that the Court below has wrongly convicted the appellant without appreciating the materials available on record. There are material contradictions and omissions in the statements of the

prosecution witnesses. Trial Court has wrongly convicted the appellant under Section 306 of IPC on the allegation that deceased committed suicide as he saw present appellant sexually assaulting his daughter. A case under Section 354 of IPC has also been registered against the appellant. The ingredients of instigation is not available in the present case. It is further argued that appellant has already served almost four years of incarceration out of the total jail sentence of seven years i.e. 50% of the total jail sentence has already been served by the appellant.

The appeal is likely to take long time to come up for final hearing and the appellant has hope and believe that he would succeed. Hence, he prayed to suspend the jail sentence and grant of bail to appellant.

On the other hand, learned State counsel opposed the application and prayed for rejection of the same.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, application (I.A. No. 1612 of 2024) is allowed and it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the

satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his presence before the Registry of this Court on 27.5.2024 and on subsequent dates as may be given in this regard.

List the case in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

AKS