Gopal Prasad Badkur vs The State Of Madhya Pradesh
2024 Latest Caselaw 6240 MP

Madhya Pradesh High Court

Gopal Prasad Badkur vs The State Of Madhya Pradesh on 29 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                             1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8731 of 2019
                                    (GOPAL PRASAD BADKUR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 29-02-2024
                                Shri Amit Dubey - Advocate for the appellants no.1-Gopal Prasad

                          Badkur and 3-Manish @ Babla.
                                Shri Ajay Shukla - Government Advocate for respondent/State.

Heard on I.A. No.27421/23 and I.A No.5197/2024, applications under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail

t o appellant no.1 Gopal Prasad Badkur and appellant no.3 Manish @ Babla arising out of judgment dated 12/09/2019 delivered in S.T. No.107/2015 passed by 3rd Additional Sessions Judge, Itarsi District Hoshangabad.

The appellant No.1 and 3 have been convicted for the offence punishable under Section 302/34 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 2000/-, under Section 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs. 2000/-, under Section 25(1-b) (b) of Arms Act and sentenced to undergo Rigorous Imprisonment with fine of Rs. 1000/- and under Section 27 of Arms Act and sentenced to undergo Rigorous

Imprisonment with fine of Rs. 1000/- with default stipulation.

I t is argued that no previous application was dismissed on merits. Appellant No.1 Gopal Prasad Badkur remained in actual custody for 4 years 8 months whereas appellant 3 Manish @ Babla remained in actual custody for 5 years 3 months.

By taking this Court through the prosecution story it is submitted that on 16.01.2015, a sudden quarrel had taken place at around 11 pm between deceased Dinesh in the shop of Montu Malviya with the accused persons.

Accused persons physically by means of kicks and fists assaulted him. During the said period main accused Nirdesh took a "Gupti" from the shop and assaulted Dinesh because of which, he succumbed to the injuries.

Learned counsel for the appellant Nos. 1 and 3 by taking this Court through statement of PW-5 submits that he had stated that Nirdesh took "Gupti" kept on the instructions of Gopal, but said aspect is clearly missing in his case diary statement. He was confronted with case diary statement but could not furnish any explanation for the omission/contradiction. Thus necessary ingredients for attracting Section 34 of IPC are missing. The final hearing of this is not possible in near future. Thus, remaining jail sentence of the

appellants 1 and 3 may also be suspended.

Shri Shukla, Government Advocate opposed the prayer on the basis of objection.

Considering the aforesaid factual backdrop and without expressing any conclusive opinion on merits coupled with the fact that final hearing of this appeal is not possible in near future, we deem it proper to suspend the remaining jail sentence of the appellants 1 and 3.

Accordingly, I.A. No.27421/23 and I.A No.5197/2024, are allowed. Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant no.1 Gopal Prasad Badkur and appellant no.3 Manish @ Babla is hereby suspended and it is directed that appellant No.1 and 3 be released on bail on their furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) each with one solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Hoshangabad on 29.04.2024 and

also on such other dates as may be fixed by the trial Court in this regard during

the pendency of this appeal.

List for final hearing in due course.

Certified copy as per Rules.

                               (SUJOY PAUL)                               (DWARKA DHISH BANSAL)
                                  JUDGE                                          JUDGE

                          pb