Ballu @ Delan vs The State Of Madhya Pradesh
2026 Latest Caselaw 121 MP

Madhya Pradesh High Court

Ballu @ Delan vs The State Of Madhya Pradesh on 7 January, 2026

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                1                               CRA-7387-2025
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                        CRA No. 7387 of 2025
                                         (BALLU @ DELAN AND OTHERS Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-01-2026
                                 Shri Madan Singh - Advocate for the appellants.
                                 Ms. Shweta Yadav - Dy. Advocate General for the respondent/State.

Heard on I.A. No.22205/2025, first application under Section 430(1) of BNSS, 2023 for suspension of sentence and grant of bail to appellant No.2 - Raju.

The appellant is aggrieved of the judgment dated 16.07.2025 passed by the learned 6th Additional Sessions Judge, Damoh, District Damoh in S.T. No.179/2023, whereby the appellant No.2 Raju stands convicted and sentenced as under :-

                                       Conviction                               Sentence
                                                                                            Imprisonment in
                            Section            Act          Imprisonment         Fine
                                                                                              lieu of fine

                            (For
                           murder of                       Life
                                              I.P.C.                    Rs.1,000/-           R.I. for 1 year.
                           Imarti                          Imprisonment
                           Bai)


                           (For
                           injury to          I.P.C.       R.I. for 5 years Rs.1000/-      R.I. for 6 months
                           Lakhan)


                           (for injury        I.P.C.       R.I. for 5 years Rs.1,000/-     R.I. for 6 months
                           to Uttam )






                                                             2                             CRA-7387-2025


                           (For                         R.I. for 6
                           injury to        I.P.C.                      Rs.500/-      R.I. for 1 month
                                                        months
                           Gaurav)


                           (For                         R.I. for 6
                                            I.P.C.                      Rs.500/-      R.I. for 1 month
                           injury to                    months
                           Rani)

                           (For                         R.I. for 6
                                            I.P.C.                      Rs.500/-      R.I. for 1 month
                           injury to                    months
                           Kamla )

Learned counsel for the appellants submits that main accused is Ballu @ Delan, who had caused injuries to Imarti Bai, which resulted in her death. There are general and omnibus allegations against appellant No.2 Raju of

causing injury to Gaurav and Moolchand. As per (PW-10) Aishwarya Pratap Medical Officer both Gaurav and Moolchand sustained simple injuries. There is no aspect of common intention inasmuch as admittedly Raju had reached the place of the incident where children were playing at earlier point of time and latter on two accused persons had reached. Therefore, it is submitted that Raju cannot be convicted attributing common intention with the aid of Section 34 of IPC. There are good chances of success in the appeal. Hence, prayer is made to suspend the remaining jail sentence of the appellant No.2 Raju and to release him on bail.

Ms. Shweta Yadav, learned Public Prosecutor for the State, in her turn, opposes the prayer for suspension of sentence and grant of bail.

After hearing learned counsel for the parties and going through the

3 CRA-7387-2025 record so also the fact that the appeal is going to take time for its disposal, without commenting on the merits of the case, we are of the considered opinion that this is a fit case to suspend the remaining jail sentence of the appellant No.2 Raju and to release him on bail. I.A. No. 22205/2025 is accordingly allowed.

It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each in the like amount to the satisfaction of the trial court for his appearance before the trial court on 26.02.2026 and such other dates as may be fixed by the trial court, the execution of remaining part of the jail sentence imposed upon appellant No.2 shall remain suspended and he shall be released on bail till final disposal of this appeal.

I.A.No.22205/2025 is allowed & disposed of.

List the case for final hearing in Part-B of the cause list as per its turn and seniority.

Certified copy as per rules.

                                 (VIVEK AGARWAL)                    (RATNESH CHANDRA SINGH BISEN)
                                      JUDGE                                    JUDGE
                           RC