Madhya Pradesh High Court
Devendra Singh @ Ballu vs The State Of Madhya Pradesh on 20 January, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-11728-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 11728 of 2023
(DEVENDRA SINGH @ BALLU Vs THE STATE OF MADHYA PRADESH )
Dated : 20-01-2025
Shri Ravi Dwivedi- learned counsel for appellant.
Shri D.S. Kushswhah- learned Additional Advocate General for respondent-
State.
1. Heard on I.A. No. 24417/2024, third application under Section 389(1) of
Cr.P.C. filed on behalf of the appellant- Devendra Singh @ Ballu for suspension
of sentence and grant of bail. His earlier applications (I.A. No.18058/2024) and
(IA No. 5879/2024) were dismissed as withdrawn vide order dated 16/01/2024 and
30/05/2024 respectively.
2. Present appellant stood convicted for the offence punishable under
Section 302 of IPC and sentenced to undergo life imprisonment with fine of
Rs.1000/-; under section 25(1-B)(A) of the Arms Act and sentenced to undergo
one year RI with fine of Rs.1000/- & under Section 27 of the Arms Act and
sentenced to undergo 3 years RI with fine of Rs.1000/- with default stipulations,
vide judgment of conviction and order of sentence dated 22/08/2023 passed by
Sixth Additional Sessions Judge, Morena (M.P.) in S.T.No.220/2020.
3. It is submission of learned counsel for the appellant that the Trial Court
erred in convicting the present appellant and awarding jail sentence. The present
appellant has already suffered two years and 11 months of incarceration as pre and
post trial detention. It is further submitted that all witnesses including eye witness
did not support prosecution story and prosecution declared hostile. So far as
recovery of Katta is concerned, it has two theories. One is regarding recovery of
weapon from the scene of crime itself and another is from possession of present
2 CRA-11728-2023
appellant. This renders case of prosecution further doubtful. He undertakes to
abide by all terms and conditions as imposed by this Court. Considering the nature
of allegations and evidence surfaced as well as period of custody, learned counsel
for appellant prays for suspension of sentence and grant of bail to the appellant.
4. Learned counsel for the State opposed the prayer and prayed for dismissal
of the application.
5. Considering the arguments advanced by learned counsel for the parties,
this Court intends to allow the application for suspension of sentence
(I.A.No.24417/2024).
6. If appellant furnishes bail bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand Only) along with one solvent surety of the like amount to the
satisfaction of the trial Court that he shall appear before the Principal Registrar of
this Court on 15/04/2025 and on all other subsequent dates as may be fixed by the
Office for appearance, then he shall be released on bail and execution of his jail
sentence is suspended till disposal of this appeal, subject to deposit of fine
amount.
7. Accordingly, I.A. No.24417/2024stands allowed and disposed of.
8. Copy of this order be sent to the trial Court concerned for information and
necessary compliance.
9. Certified copy as per rules.
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Prachi
