Dipak Burmen vs The State Of Madhya Pradesh
2023 Latest Caselaw 9816 MP

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              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                            CRA No. 1139 of 2016
              (DIPAK BURMEN AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 28-06-2023
       Ms. Durgesh Gupta - Advocate for the appellants.

       Mr. Akhilendra Singh - Government Advocate for the respondent/State.

I.A. No. 9805/2023 filed for appellant No. 1 Deepak Burman is sought to be withdrawn with the liberty to renew it after completing actual sentence of ten years.

Prayer is allowed.

I.A. No. 9805/2023 is dismissed as withdrawn with the liberty prayed for.

Also heard on IA No. 19372/2022, an application under Section 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No. 2- Gannu Burman arising out of judgment dated 07.04.2016 delivered in ST No.28/2014 by Special Judge, SC/ST (Prevention of Atrocities) Act, Katni.

The appellant No. 2 has been convicted under Section 302/34 of IPC and

sentenced to undergo R.I. for life imprisonment with fine of Rs.25,000/- with default stipulations.

Learned counsel for the appellant No.2 submits that as per prosecution story, this appellant caught hold the deceased and injury was caused by co- accused person. By placing reliance on AIR 1994 SC 1651 (Kashmira Singh Vs. State of Punjab) and AIR 1998 SC 2798 (Ajay Sharma Vs. State of Rajasthan), Ms. Durgesh Gupta, Advocate submits that the necessary ingredients for attracting Section 34 of IPC are absent. Appellant No. 2 is

almost a senior citizen and is in custody since 24.05.2014. The final hearing of this appeal is not possible in near future, thus, the remaining jail sentence of the appellant No. 2 may be suspended.

The prayer is opposed on the basis of objection filed by learned State counsel.

Considering the age and custody period of the appellant No. 2, we deem it proper to suspend the remaining jail sentence of the appellant No.2.

Accordingly, IA No. 19372/2022 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.2 -Gannu Burman is hereby

suspended and it is directed that the appellant No. 2 be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Katni on 04.09.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

Further also heard on I.A. No. 9800/2023, for staying the fine amount is taken up and allowed.

The question of imposition of fine shall be considered at the time of final hearing.

C c as per rules.

        (SUJOY PAUL)                                     (ACHAL KUMAR PALIWAL)
           JUDGE                                                 JUDGE

    L.R.signed by LALIT
Digitally
SINGH RANA
Date: 2023.06.28
16:37:54 +05'30'