Rajjan Alias Rajaram Barman vs The State Of Madhya Pradesh
2023 Latest Caselaw 1643 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 2448 of 2010
                                (RAJJAN ALIAS RAJARAM BARMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 30-01-2023
                                 Shri V.K. Rishi - Advocate for the appellant No.1-Prakash Barman.

                                 Shri Ajay Shukla - Government Advocate for the respondent / State.

Heard on I.A.No.16777/2021 an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant- Prakash Barman arising out of judgment dated 25.11.2010 delivered in S.T.No. 627/2009

by the learned IIIrd Additional Sessions Judge, Jabalpur.

The appellant No.4 has been convicted under Section 302 read with 149 of IPC and sentenced to undergo RI for life with fine of Rs.500/- and under Section 148 of IPC sentenced to undergo RI for six months with default stipulations.

Learned counsel for the appellant No.4 submits that this Court vide order dated 13.05.2022 observed that if matter is not finally heard within six months, the appellant No.4 is free to press aforesaid I.A. Since matter could not be heard finally within aforesaid time and appellant No.4 is in custody since

25.09.2009, which is evident from Para-53 of the judgment, the appellant No.4 may be given the benefit of suspension of sentence.

Shri V.K. Rishi, learned counsel for appellant No.4 submits that appellant has completed thirteen years four months' actual jail sentence and, therefore, he may be given the benefit of suspension of sentence.

The Government counsel opposed the prayer on the basis of objection. Considering the period of custody, without expressing any opinion on the merits of the case, we deem it proper to suspend the remaining jail sentence Signature Not Verified Signed by: HIMANSHU KOSHTA Signing time: 1/31/2023 11:35:52 AM

of appellant No.4. Accordingly, I.A.No. 16777/2021 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of the appellant No.4 is hereby suspended and it is directed that on furnishing a personal bond for a sum of Rs.30,000/- (Rupees ThirtyThousand Only) along with one solvent surety in the like amount to the satisfaction of the trial Court, the appellant No.4-Prakash Barman be released on bail with a further direction to remain present before the Trial Court, Jabalpur on 24/04/2023 and on such other dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

Nobody pressed I.A. No.8833/2019.

Accordingly, I.A. No.8833/2019 is dismissed for want of prosecution. Certified copy as per rules.

                               (SUJOY PAUL)                               (AMAR NATH (KESHARWANI))
                                  JUDGE                                            JUDGE

                          HK




Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 1/31/2023
11:35:52 AM