Govind Barman vs The State Of Madhya Pradesh
2023 Latest Caselaw 19093 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 117 of 2018
                                            (GOVIND BARMAN Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-11-2023
                                Shri Rustam Khan - Advocate for appellant.

                                Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.2934 of 2022.

2. This is the second application seeking for suspension of sentence and grant of bail filed on behalf of appellant/accused - Govind Barman who has

been convicted for the offence under Section 302 of the Indian Penal Code and sentenced to undergo Imprisonment for Life and to pay a fine of Rs.2,000/- with default stipulation vide impugned judgment dated 11.08.2017 passed by Third Additional Sessions Judge, Jabalpur in S.T. No.167 of 2013. Earlier application was dismissed for want of prosecution on 11.02.2020.

3. The case of the prosecution is that on 03.11.2012 at about 8 p.m. the accused being armed with a B a ka had assaulted Kandhilal Kacchi (since deceased) who succumbed to the injuries on 07.11.2012 during treatment. That, initially the case was registered under Sections 307, 294 and 506 of the IPC,

however, subsequently on the death of Kandhilal, the case was converted into one under Section 302 of the IPC. After investigation, the Investigating Officer filed the charge-sheet against the accused. He was put to trial. After trial, the trial Court convicted and sentenced the accused as indicated hereinabove. Hence, the appeal has been filed.

4. This application seeking for suspension of sentence has been filed on the ground that the entire case is based upon the circumstantial evidence. There is no direct evidence against the accused. He is in custody since 05.11.2012. Signature Not Verified Signed by: VINOD VISHWAKARMA Signing time: 11/9/2023 5:56:23 PM

There is no likelihood of early hearing of the appeal in near future. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of sentence and grant of bail. Therefore, he has prayed for grant of bail.

5. Per contra, learned Public Prosecutor has vehemently opposed the contentions stating that there are eyewitnesses to the incident viz. PW2, PW3 and PW5 but on confronted with the statements of PW2, PW3 and PW5, he has categorically stated that from a perusal of their statements and cross- examinations, it is revealed that they are not the eyewitnesses to the incident.

6. Considering the nature of allegations found proved against the

accused/appellant and the overall facts and circumstances of the case but without commenting upon the merits, we deem it just and necessary to enlarge the appellant on bail. Consequently, I.A. No.2934 of 2022 is allowed.

7. Subject to deposit of the fine amount, the remaining jail sentence of the appellant/accused - Govind Barman shall remain suspended and he is directed to be enlarged on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the concerned Court/CJM on 18.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                  (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                    CHIEF JUSTICE                                           JUDGE

                          vinod




Signature Not Verified
Signed by: VINOD
VISHWAKARMA
Signing time: 11/9/2023
5:56:23 PM