CRA. NO.

5804/2023

IN THE HON’BLE HIGH COURT OF M.P. BENCH AT

INDORE
Babulal Patel ..……….APPELLANT

VS.

State Of M.P. ………. RESPONDENT

INDEX

S.NO. PARTICULARS ANNX. PAGE NO.

1. IA for suspension of sentence

INDORE Submitted by,

DATE

(AKASH RATHI)
COUNSEL FOR THE APPELLANT
 CRA. NO. 5804/2023

IN THE HON’BLE HIGH COURT OF M.P. BENCH AT

INDORE
Babulal Patel ………. APPELLANT
(IN JAIL)

VS.

State Of M.P. ………. RESPONDENT

APPELLANT

Name : Babulal Patel

Age : 51 years
Father’s name : Shri Mangat Patel
Occupation : Agriculturist
Address : Village Rengwa, Tehsil Kasrawad
Dist. Khargone (M.P)
Permanent Residence : As mentioned above
Whether in jail: - Applicant is in jail

Any application is
Date of
pending or No. Result filing date
Order
disposed of by-
Hon'ble Supreme
NIL NIL NIL NIL
court
IA
18/03/2024 Withdraw 12/03/2024
Hon'ble High Court 4382/2024
IA No.
54/2024 Temporary
(Temporary) 16/04/2024 02/01/2024
Allowed

IA No. 03/10/2023 Dismissed 28/04/2023

 6268/2023
S.T. No.
Learned Trial Court 14/03/2023 Conviction -
110/2021

Conviction Sentence

Section Act Imprisonment Fine Imprisonment in lieu of

fine
307 IPC 5 years R.I Rs. 25,000/- 1 year R.I.

FOURTH APPLICATION U/S. 389 (1) OF THE CODE OF

CRIMINAL PROCEDURE, 1973 FOR SUSPENSION OF
SENTENCE

MAY IT PLEASE YOUR LORDSHIP

It is most humbly and respectfully submitted on behalf of the

above-named Appellant for suspension of sentence on the

following grounds inter-alia:-

1. That, this is Applicant's Fourth application for Permanent

suspension of sentence before this Hon’ble Court.

PARTICULARS OF EARLIER ORDERS

Sr.No. IA No./ Date of Order Hon'ble Justice Status

Filing date

1 I.A No. 03/10/2023 Hon’ble Shri Dismissed

6268/2023 Justice Prem
Filed on: Narayan Singh
28/04/2023
 2 I.A No. 16/04/2024 Hon’ble Shri Allowed
54/2024 Justice Prem
Filed on: Narayan Singh
02/01/2024
3 I.A No. 18/03/2024 Hon’ble Shri Withdrawn
4382/2024 Justice Prem
Filed on: Narayan Singh
12/03/2024

2. That, no proceeding for suspension of sentence of the

Appellant is pending before or decided by the Supreme

Court.

3. The appellant is the sole appellant in the present appeal.

4. FACTS OF THE CASE:

That, as per the prosecution story, it is alleged that on

01/02/2021 the appellant caused injury to one Trilok who is
the brother of complainant Anokchand @ Praveen @ Anya
by lath. Accordingly, an FIR bearing crime no. 25/2021 was
registered against the appellant at P.S. Balakwada Dist.
Khargone (M.P) for the offences u/s 294 & 307 of IPC.
Thereafter, the matter was investigated by police,
chargesheet was submitted and the learned trial Court
convicted the appellant for the offence u/s 307 of IPC.

5. G R O U N DS:
a) That, the earlier application for suspension of sentence has
been dismissed as withdrawn and this repeat application for
suspension of sentence has been preferred on the ground
that the Appellant has undergone long period of custody.

b) That, the Appellant is of old age and undergone custody for

almost 3 year and the continued custody of the appellant will
adversely affect his health and mental condition.

c) That, the medical practitioner has not supported the case of

the prosecution in his statements deposed before the
Learned Trial Court in respect to the nature of the injury
sustained by the victim.

d) That, even the medical examiner who conducted the CT

Scan and found no breakage was not examined before the
Learned Trial Court.

e) That, the applicant has no mens rea to cause any injury to

the victim and even the PW-1 Complainant in his court
statements has clearly stated and admitted the fact that there
is no dispute left between the victim and the appellant.

f) That, even otherwise the possibility cannot be ruled out that

the alleged injuries sustained by the victim may be caused
due to accidental hit to the handle of the motorcycle found at
the spot.

g) That, even the possibility cannot be ruled out that the injury
sustained by the victim might have aggravated during transit
 to Bombay Hospital on account of non satisfaction of the
preliminary treatment performed by the doctor at Khargone.

h) That, the son of Appellant is suffering with down syndrome in

pursuance to 85% of Intellectual or development disability
(IDD) in the son of the appellant and there is no one to look
after the ill son of the appellant and due to the suffering from
down syndrome the presence of appellant is necessary to
take care and tackle the aggravated illness of the son of the
appellant and to make all the financial arrangements for the
treatment of the son of the appellant.

i) That, looking to the aggravated suffering and reactions of the

son in pursuance to the disease the presence of the
appellant is predominant at this stage for the care and safety
of life of son of the appellant.

j) That, the Applicant is the sole earning member of his family

and therefore his presence is required in the family to fulfill
the basic needs of the family.

k) That, there is no independent eyewitness supporting the

case of prosecution.

l) That, the present appellant is falsely implicated due to

previous enmity and rivalry.

m) That, the seizure alleged from the Appellant is not duly

proved.
n) That, the Learned Session Court has not properly
appreciated the grounds taken before trial court regarding
various illegalities committed during investigation and various
material contradictions appearing in the testimonies of
prosecution evidence.

o) That, the present appellant has no relation with the offence.

p) That, there are material contradictions and omission in the

testimonies of prosecution witnesses and the appellant has
every hope to succeed in the present case.

q) That, the impugned judgment is against the law and

evidence on record.

r) That, there is no direct evidence to connect the Appellant

with the abovementioned case.

s) That, there is no legal evidence to connect the Appellant with

the aforementioned offence.

t) That, the Appellant is permanent resident of abovementioned

address, and he will not misuse the liberty if granted by this
Hon'ble court.

u) That, other grounds raised in appeal be considered as a part

of this Application.

v) That, the other grounds shall be urged at the time of hearing.

6. That, the Appellant is ready to furnish adequate surety and
shall abide by all those direction and conditions which this
Hon'ble Court deems fit to impose upon him.

PRAYER
It is, therefore, most humbly and respectfully prayed that in the

interest of justice, the sentence of the Appellant may kindly be

suspended during the pendency of present appeal and any

other relief which this Hon’ble court deems fit may kindly be

provided in favor of the applicant.

PLACE : INDORE Submitted by,

DATE :

(AKASH RATHI)
COUNSEL FOR THE APPELLANT