Madhya Pradesh High Court
Babloo @ Baloo vs The State Of Madhya Pradesh on 3 November, 2025
1 CRA-10493-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 10493 of 2024
(BABLOO @ BALOO Vs THE STATE OF MADHYA PRADESH )
CRA/9309/2023
Dated : 03-11-2025
Shri Sameer Saxena- Advocate for the appellant in
Cr.A.No.10493/2024.
Shri Bheemsen Soni - Advocate for the appellant in
Cr.A.No.9309/2023.
Shri Surendra Kumar Gupta - Government Advocate for the
respondent/State.
Per: Justice Binod Kumar Dwivedi
Heard on I.A.No.15202/2024, first application under Section 430 of
Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 389(1) of
Cr.P.C.) for suspension of remaining jail sentence and grant of bail on behalf of
the appellant- Babloo @ Baloo S/o Budhiya and I.A.No.13159/2025 first
application under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023
(equivalent to Section 389(1) of Cr.P.C.) for suspension of remaining jail
sentence and grant of bail on behalf of the appellant- Babulal S/o Roopchand.
The appellants stand convicted under Section 302 of IPC and sentenced to
undergo life imprisonment with fine of Rs.2,000/- with usual default stipulation.
Learned counsel for the appellants while taking exception to this impugned
judgment submits that appellants are innocent and they have been falsely
implicated in this matter. They are suffering incarceration since 28.02.2016 i.e.
more than 9 years and 6 months. No ocular evidence is available and conviction
has been recorded only on the basis of circumstantial evidence where chain of
2 CRA-10493-2024
circumstance is not complete. They further submit that after four days of the date
of incident Mukesh died and in the meantime prosecution failed to record the
dying declaration of the deceased. Trial Court has not appreciated the evidence in
its right perspective. There are material contradictions and omissions in the
statement of the witnesses. Impugned judgment suffers from surmises and
conjectures and has been passed ignoring serious infirmities and anomalies. The
appeals being of the year 2023 and 2024 is not likely to be heard finally in near
future. Hence, under such circumstances prayer is made for suspension of jail
sentence and grant of bail to the appellants.
Per contra, learned Public Prosecutor, appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of bail,
regard being had to the nature and the gravity of offence found proved against the
present appellants. He further submits that human blood has been found on the
jeans of the appellant Babulal for which no explanation has been offered and
blood stain cement block has also been recovered at the instance. Hence, on due
appreciation of evidence no case of suspension of sentence is made out and prays
for dismissal of the applications.
Heard learned counsel for the parties and perused the record.
It is not in dispute the appellants are suffering incarceration since more
than 9 years and 6 months. No ocular evidence is available and it is a case based
on circumstantial evidence.
Considering the aforesaid factual backdrop, looking to the period of
custody and the fact that possibility of final hearing of these appeals in near future
is bleak, without expressing any conclusive opinion on merits, we find it to be a
fit case to suspend the remaining custodial sentence of the appellants.
3 CRA-10493-2024
Accordingly, applications are allowed. Subject to deposit of fine amount, if
not already deposited the remaining jail sentence during the pendency of the
appeal is hereby suspended and it is directed that appellants be released on bail on
their furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand
Only) each with one solvent surety each in the like amount to the satisfaction of
learned trial Court for compliance with following conditions:-
(1) The appellants shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellants shall appear before the Trial Court on 17.12.2025 and
on such further dates as may be directed by the Trial Court;
(3) The appellants shall ensure hearing of the appeal on the date fixed for
such hearing and shall also ensure proper legal representation on their behalf, on
the date notified for hearing.
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective. The Trial Court shall be
authorized to grant exemption from attendance to the appellants on any date, on
sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2 of the M.P. High
Court Rules, 2008].
Where the appellants do not appear on the date of their appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the Trial
Court shall be authorized to issue non-bailable / bailable warrants to secure their
attendance under intimation to the Registry of High Court.
The Trial Court shall also proceed under Section 446 of Cr.P.C. / Section
491 of BNSS, 2023 against such appellants and their surety without any reference
to this Court and without any impediment of the order granting bail. [Chapter XIII
Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
4 CRA-10493-2024
On arrest / surrender in compliance with the warrant, the appellants shall
be forwarded in custody to undergo sentence of imprisonment under intimation to
the Registry of this Court.
Accordingly, the I.As. stand allowed and disposed off.
Registry is directed to list the matter for final hearing in due course.
Certified copy as per rules.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
RJ
