Goli Barman vs The State Of Madhya Pradesh
2024 Latest Caselaw 5943 MP

Madhya Pradesh High Court

Goli Barman vs The State Of Madhya Pradesh on 27 February, 2024

Author: Sujoy Paul

Bench: Sujoy Paul

                                                              1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       CRA No. 2683 of 2013
                                              (GOLI BARMAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 27-02-2024
                               Ms. Saritha Achary - Advocate for the appellant.

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

Heard on I.A.No. 26512 of 2023, an application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant - Goli Barman a r is in g out of judgment dated 17/08/2013 delivered in

S.T.No.697/2011 by the third Additional Sessions Judge, Jabalpur (MP).

The appellant has been convicted under Section 302 of IPC and sentence to undergo R.I. for Life with fine of Rs. 2000/-, with default stipulation.

Learned counsel for the appellant submits that although certain applications were dismissed on merit, now the appellant has remained in actual custody for more than 12 years as on 27/01/2024. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant may be suspended.

Learned G.A. opposed the prayer but did not dispute the period of

custody.

Considering the period of custody and bleak chances of final hearing of this appeal, without commenting on the merits of the case, we deem it proper to suspend the remaining jail sentence of appellant.

Accordingly, I.A. No.26512 of 2023 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of this appellant is hereby suspended and it is directed that appellant - Goli 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 29 th April, 2024 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)                                               (VIVEK JAIN)
                               JUDGE                                                      JUDGE

                         manju