Madhya Pradesh High Court
Lakhan Barman vs The State Of Madhya Pradesh on 2 November, 2023
Author: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 7053 of 2021
(LAKHAN BARMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Dated : 02-11-2023
Shri K.D. Singh- Advocate for appellant No.2 - Rajesh Barman.
Shri Manu V. John- Government Advocate for the respondent-State.
Heard on I.A. No.23267 of 2023, an application under Section 389(1)
of the Cr.P.C for suspension of sentence and grant of bail to appellant No.2 -
Rajesh Barman arising out of judgment dated 23.10.2021 delivered in S.T.
No.524/2017 passed by 20th Additional Sessions Judge, Jabalpur.
T h e appellant has been convicted for the offence punishable under
Section 302/34 of IPC and sentenced to undergo life imprisonment with fine of
Rs. 2,000/- with default stipulation.
Learned counsel for the appellant submits that this Court was kind
enough in suspending the remaining jail sentence of appellant No.3 Chhotu @
Santosh on 10.04.2023 and appellant No.1 Lakhan Barman on 11.09.2023. As
per prosecution story all the accused persons allegedly cause injuries to the
deceased. The present appellant has allegedly caused injury by means of a
Lathi whereas co-accused Lakhan Barman caused injury by sickle. The story
shows that appellants while leaving the scene of crime threatened that if any
such incident takes place they may murder the deceased person. This itself
shows that on that date there was no intention to kill the deceased person. The
incident had taken place suddenly. Final hearing of this appeal is not possible in
near future. Thus, by applying the principle of parity, the remaining jail sentence
of appellant may be suspended.
Learned State counsel opposed the prayer on the basis of objection.
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/3/2023
2:26:08 PM
Considering the aforesaid factual backdrop and by applying the principle
of parity, without expressing any opinion on merits, we deem it proper to
suspend the remaining jail sentence of the appellant No.2 - Rajesh Barman .
Accordingly, I.A. No.23267 of 2023 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of appellant is hereby suspended and it is directed that
appellant No.2 - Rajesh Barman 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 trial Court, Jabalpur o n 4 th of
December, 2023 and also on such other dates as may be fixed by the trial
Court in this regard during the pendency of this appeal.
Certified copy as per rules.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
sarathe
Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 11/3/2023
2:26:08 PM
