Bablu @ Ikramuddin vs The State Of Madhya Pradesh
2025 Latest Caselaw 335 MP

Madhya Pradesh High Court

Bablu @ Ikramuddin vs The State Of Madhya Pradesh on 5 May, 2025

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                               1                              CRA-12114-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 12114 of 2023
                                           (BABLU @ IKRAMUDDIN Vs THE STATE OF MADHYA PRADESH )



                           Dated : 05-05-2025
                                 Shri Takmeel Nasir - Advocate for the appellant.
                                 Smt. Nalini Gurung - P.L. for the respondent/State.

Heard on I.A.No.29487/2024, the second application under Section 430 of BNSS/ Section 389(1) of Cr.P.C for suspension of jail sentence and grant of bail to the appellant, pending the appeal.

Appellant alongwith other co-accused person was convicted for commission of offence under Sections 467/34, 468/34, 471/34, 420/34 & Section 120-B of IPC and has been sentenced to undergo R.I. for 7 years & to pay fine of Rs.2000/-, R.I. for 7 years & to pay fine of Rs.2000/-, R.I. for 2 years & to pay fine of Rs.2000/-, R.I. for 7 years & to pay fine of Rs.2000/- and R.I. for 7 years & to pay fine of Rs.2000/- respectively with default stipulations vide judgment dated 20.06.2023 passed in Session Trial

No.-178/2019 (State of M.P. vs. Kailash Patel & Others) by III rd Additional Sessions Judge, Katni (MP). All the sentences have been directed to run

concurrently.

Learned counsel for the appellant has submitted that appellant has been erroneously convicted by learned trial Court as it has not properly appreciated the evidence of prosecution witnesses and material on record. It is submitted that evidence of prosecution witnesses is full of omissions and contradictions and such omissions and contradictions have not been

2 CRA-12114-2023 considered in right perspective by the learned trial Court. It is submitted appellant has already undergone four years of the actual jail sentence. Maximum sentence of 7 years has been awarded. This is a new appeal of 2023 and there is no possibility of hearing of this appeal in near future. Therefore, if the execution of jail sentence of appellant is not suspended, the purpose of filing this appeal would become futile. Thus, it is prayed that custodial jail sentence of the appellant may be suspended and he may be released on bail as custodial jail sentence of the co-accused persons have already been suspended and they have been released on bail.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant and has submitted that appellant has been found guilty for the aforesaid offence. He is the master

mind in forging the appointment orders and cheating co-accused persons and other innocent persons in the name of providing appointment in the District Court. He has forged appointment orders alleged to have been issued by the High Court. His offence is serious. Therefore, he be not released on bail.

I have heard learned counsel for the parties and have gone through the material available on record.

Appellant has suffered almost four years actual incarceration. This a new appeal of 2023 and there is bleak possibility of hearing of this appeal in near future. Therefore, having taken into consideration the incarceration period already undergone and the fact that if jail sentence is not suspended the purpose of filing of this appeal would become futile, I deem it proper to suspend the remaining jail sentence of the appellant, pending the appeal.

3 CRA-12114-2023 Consequently, I.A.No.29487/2024 is allowed and execution of jail sentence of appellant - Bablu @ Ikramuddin is hereby suspended.

It is directed that subject to depositing the entire fine amount, if not already deposited appellant - Bablu @ Ikramuddin be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand only) 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 on 01.09.2025 and also on such other dates, as may be fixed by that Court in this regard during the pendency of this appeal.

List this case for final hearing in due course.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

Jasleen