Ballabh vs The State Of Madhya Pradesh
2025 Latest Caselaw 4704 MP

Madhya Pradesh High Court

Ballabh vs The State Of Madhya Pradesh on 21 February, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

                                                            1                              CRA-482-2020
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT INDORE
                                                       CRA No. 482 of 2020
                                              (BALLABH Vs THE STATE OF MADHYA PRADESH )



                          Dated : 21-02-2025
                                Shri Vivek Singh - Senior Advocate with Shri Rajesh Yadav, learned

                          counsel for the appellant.
                                Shri Apoorv Joshi counsel appearing on behalf of Advocate General.

                                Heard     on I.A.No.1703/2025, which is fourth application for
                          suspension of jail sentence filed under Section 430 of BNSS, 2023 read with

                          Section 389 of the Cr.P.C. The appellant has been convicted by the 1st
                          Additional Sessions Judge, Rajgarh, District Rajgarh (Biaora) vide judgment
                          dated 6/1/2020 for commission of offence punishable under Section 302 of
                          IPC (2 counts) for life imprisonment (2 counts) with fine of Rs.1000/- (2
                          counts) with default clause.
                                First application filed by the appellant was temporarily allowed.
                          Second application was dismissed as withdrawn by order dated 31.10.2023
                          and third application was dismissed as withdrawn by order dated 2/2/2024.
                                This 4th repeat application has been filed on the ground that the

                          appellant is in custody for a long period of time. The appeal is of 2020 and it
                          will take considerable time for hearing.
                                On the other hand, learned counsel for the respondent/State opposed

the prayer submitting that looking to the gravity of offence no case for grant of suspension of sentence is made out.

Considering the facts and circumstances of the case, so also the fact

2 CRA-482-2020 that the appeal is of 2020 and there is no change in circumstances, no case for grant of suspension of sentence as prayed by the appellant is made out.

I.A.No.1703/2025 stands rejected.

Consequently, I.A.No.1704/2025 also stands disposed off.

                                  (VIVEK RUSIA)                                (PRANAY VERMA)
                                      JUDGE                                         JUDGE
                          SS/-