Babu @ Golu vs State Of Madhya Pradesh

Heard o n o n I.A.No.2195/2020 , which i s third application under Section 389 (1) of the Cr.P.C filed on behalf of appellant Badu @ Golu for

suspension of his jail sentence awarded by the Court of Learned Session Judge, District Burhanpur in Session Trial no.27/2015 vide its judgment dated

27.11.2015 convicting him under section 506 (A) and sentencing him to undergo RI for 1 year along with fine of Rs.200/- and section 304 (Part-I) and

sentencing him to undergo RI for 10 years along with fine of Rs.500/-with default stipulation as mentioned in the impugned judgment.

First two applications were dismissed as withdrawn vide orders dated 03.02.2016 and 16.8.2018 respectively.

Learned counsel for the appellant submitted that the appellant is in custody since 12.3.2015, hence half period of jail sentence has been completed.

The incident had taken place suddenly in which the deceased was abusing with filthy language and provoked the accused who allegedly dealt with one

blow on the head of the deceased which was fatal. Considering the facts and circumstances of the case, if the prosecution case is accepted as it then

also at the most offence under section 325 of the I.P.C. is made out, There is no likelihood of his absconding. If his jail sentence is not suspended then

the appeal will be futile. Hence, his jail sentence be suspended.

Learned panel lawyer for the respondent State has opposed the application for suspension of sentence and grant of bail.

Having considered the facts and circumstances of the case, in view of this Court, the appellant is entitled to suspension of sentence. Hence, third

application being I.A.No.2195/2020 is allowed .

It is directed that subject to payment of fine amount, if not already deposited, execution of jail sentence of appellant Badu @ Golu shall remain

suspended during the pendency of this appeal and he be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one solvent

surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court on 22.12.2020 and thereafter on all other such

subsequent dates as may be fixed by that Court in this regard.

In case, the appellant is found absent on any date fixed by the trial Court then the trial Court shall be free to issue and execute warrant without

referring the matter to this Court, provided the Registry of this Court is kept informed. List the appeal for final hearing as per its turn.

C.C. as per rules.