Madhya Pradesh High Court
Bablu vs The State Of Madhya Pradesh on 17 November, 2025
Author: Vijay Kumar Shukla
Bench: Vijay Kumar Shukla
1 CRA-13557-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 13557 of 2024
(BABLU AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 17-11-2025
Shri Kshitij Vyas, learned counsel for the appellant.
Shri Surendra Kumar Gupta, learned Public Prosecutor for the
respondent/State.
Per : Justice Binod Kumar Dwivedi
Heard on I.A.No.14537/2025, 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 No.2 - Shobharam.
The appellant stands convicted under Section 302/34 of Indian Penal
Code, 1860 and sentenced to undergo life imprisonment with fine of
Rs.1000/- with usual default stipulation.
As per prosecution case, on 12.09.2021 at about 9-10 p.m., deceased
Dinesh Damar S/o Radhu Damar in semi naked state, pelting stones towards
house of Shobharam and Mohan. On this, Shobharam Damar, his son Bablu
Damar and Mohan Damar assaulted the deceased with Lathis. He fell down
and succumbed to the injuries. Incident was reported to the police where FIR
was registered on Crime No. 487/2021 under Section 302 r/w 34 of IPC at
Police Station - Bilpank, Dist. Ratlam.
Learned counsel for the appellant while taking exception to this
impugned judgment submits that appellant is innocent and he has been
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falsely implicated in this matter. Material contradictions and omissions have
been ignored while passing the impugned judgment. Impugned judgment
suffers from surmises and conjectures and has been passed ignoring serious
infirmities and anomalies. He has invited the attention of this Court towards
para-3 & 67 of the impugned judgment and also the statements of eyewitness
Kanhaiyalal (PW-4). He further submits that only Lathi was seized from the
appellant. He has suffered incarceration for a period of more than four
years. Appellant has fair chances of success in appeal. The appeal being of
the year 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.
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 appellant. Injuries found on the body of the deceased are
7 in numbers and caused by hard and blunt object. He suffered a fracture in
parietal region and sternum bone was also found fractured. He further
submits that appeal is devoid of any substance and therefore, prays for
dismissal of the application for suspension of sentence.
Heard and considered the rival submissions raised at bar and perused
the record.
It is not in dispute that allegation on the appellant is that he along with
other co-appellants assaulted the deceased with Lathi and corresponding 7
3 CRA-13557-2024
injuries have been found on the body of the deceased. Lathi (Article-F) and
shirt (Article-I) recovered from the deceased have been found bloodstained
which is corroborated by FSL report (Ex.P/35) and even DNA report of the
deceased (Ex.P/52) has matched with the DNA found on the Lathi recovered
from the appellant.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case and also looking to the evidence in its entirety, we
do not find it to be a fit case to suspend the remaining custodial sentence of
the appellant. Accordingly, the application (I.A.No.14537/2025) is
dismissed.
(VIJAY KUMAR SHUKLA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
soumya
