Ashish Barman @ Raja Barman vs The State Of Madhya Pradesh
2024 Latest Caselaw 12751 MP

Madhya Pradesh High Court

Ashish Barman @ Raja Barman vs The State Of Madhya Pradesh on 6 May, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 4952 of 2024 (ASHISH BARMAN @ RAJA BARMAN Vs THE STATE OF MADHYA PRADESH)

Dated : 06-05-2024 Shri Naveen Shukla - Advocate for the appellant.

Ms. Shikha Baghel - Panel Lawyer for the State.

Record from Court below is received (kept in connected Cr.A 2594/2024).

Appeal appears to be arguable; hence, admitted for hearing.

Heard on I.A No. 10832/2024, an application for condonation of delay. On due consideration the application is allowed. Delay of 13 days in filing the present Criminal Appeal is condoned.

Also heard on I.A.No.9579/2024, which is the first application under Section 389 (1) of the Cr.P.C. filed on behalf of appellant for suspension of sentence and grant of bail.

T he appellant has been convicted and sentenced as mentioned in the impugned judgment dated 03/02/2024 passed by the 28 Additional Sessions Judge, Jabalpur in Case No.Sessions Trial No. 573/2019.

Learned counsel for the appellant contends that the appellant has already suffered incarceration of 3 years and 4 months and the period of conviction is 5 years. Therefore, taking into consideration the period of incarceration, the appellant be enlarged on bail. Learned counsel further submits that there is no likelihood of final hearing of the instant appeal in the near future.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail to the appellant.

Considering the totality of circumstances and the period of incarceration already undergone by the appellant, this Court deems it proper to enlarge the appellant on bail. The I.A. No.9597/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and he be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 07/08/2024 and on such further dates as may be fixed by the trial Court in this regard during the

pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(MANINDER S. BHATTI) JUDGE

VKT