Balram Burman vs The State Of Madhya Pradesh
2023 Latest Caselaw 910 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 1454 of 2019
                                      (BALRAM BURMAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                          Dated : 16-01-2023
                                Shri P.K. Sen - Advocate for the appellant.

                                Shri K.S. Patel - Panel Lawyer for the respondent No.1/State.

Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No. 18285/2022, which is repeat (second) application

under section 389(1) Cr.P.C. for suspension of sentence and grant of bail on behalf of appellant- Balram Burman. Earlier application for suspension of jail sentence and grant of bail was dismissed for want of prosecution by this Court, vide order dated 15/09/2022.

B y the impugned judgment dated 31/12/2018 passed by learned 14th Ad d itio nal Sessions Judge, Jabalpur, District Jabalpur in Special S.T.no.158/2018 the appellant has been convicted for offence under section 7/8 of Protection of Children from Sexual Offences Act, 2012 and under Section 451 of IPC and sentenced to undergo R.I. for 2 years & 1 year with

fine of Nil, Rs.500/- & Rs.500/- respectively.

Learned counsel for the appellant submitted that appellant is innocent and has been falsely implicated in the crime in question. During trial, the appellant was on bail and he did not misuse the liberty so granted to him. It is also submitted that the appellant has already deposited the fine amount. The final disposal of this appeal would take considerable time. Hence, jail sentence of the appellant be suspended.

Learned Panel Lawyer has opposed the prayer for suspension of Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/17/2023 10:34:16 AM

sentence of appellant.

Considering the short sentence involved in the matter coupled with the fact that during trial appellant was on bail and he has aready deposited the fine amount and appellant is in jail since 07/06/2022 and its final disposal would take considerable time; appellant No.1 is in custody from the date of judgment and without commenting on merits of the case, the above interlocutory application is allowed subject to condition that the appellant shall not involve himself in any crime with the present complainant.

Accordingly, it is hereby directed that execution of remaining jail sentence of appellant- Balram Burman shall remain suspended during the pendency of

this appeal and he shall be released on bail on his furnishing a personal bond of Rs.30,000/- [Rupees Thirty Thousand only] with a solvent surety bond of the like amount to the satisfaction of the Trial Court for his appearance before trial Court on 03/07/203 and thereafter on each subsequent dates as may be directed by the trial Court in that regard. It is made clear that if the appellant involves himself in any crime with the present complainant, then this order shall be immediately recalled.

I.A.No.18285/2022 is allowed.

List this case for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 1/17/2023 10:34:16 AM