Kailash Barman vs The State Of Madhya Pradesh
2023 Latest Caselaw 21052 MP

Madhya Pradesh High Court

Kailash Barman vs The State Of Madhya Pradesh on 12 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        CRA No. 1993 of 2022
                                             (KAILASH BARMAN Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-12-2023
                                 Shri P.K. Shukla - Advocate for appellant.

                                 Shri Manoj Kushwha- Panel Lawyer for respondent/State.

Heard on I.A. No.24543/2023 this is repeat (second) application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Kailash Barman.

Earlier applications for suspension of sentence and grant of bail moved by appellant has already been dismissed as withdrawn by this Court, vide order dated 16/03/2022.

The appellant has been convicted vide judgment dated 18/01/2022 passed by Fifth Additional Sessions Judge, Satna in S.T. No. 178/2020 and appellant has been convicted for offence punishable under Section 376(1) of IPC and sentenced to undergo RI for 10 years and to pay fine amount of Rs. 10,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not

properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Learned Advocate for appellant submits that the appellant has already served out more than three years custodial sentence. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on

bail till the final disposal of the appeal.

On the other hand, learned Panel Lawyer for respondent/State opposed the application and prays for its rejection.

Looking to the aforesaid facts and circumstances of the case coupled with the fact that the appellant has already served out more than three years custodial sentence and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the remaining jail sentence passed against appellant-Kailash Barman shall remain suspended during the pendency of this appeal subject to depositing entire fine amount, if already not deposited and upon his furnishing personal bond in the

sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety in like amount to the satisfaction of the trial Court for securing his presence before the trial Court on 01/02/2024 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the appeal for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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