Dipak Burmen vs The State Of Madhya Pradesh
2024 Latest Caselaw 15462 MP

Madhya Pradesh High Court

Dipak Burmen vs The State Of Madhya Pradesh on 22 May, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1
                                      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 : 22-05-2024
                                Ms.Durgesh Gupta - Advocate for appellants.

                                Shri Satyapal Chadar - Government Advocate for the respondent/State.

Heard on I.A No.4091 of 2024, which is repeat application under Section 389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant-Deepak Berman arising out of judgment dated 07.04.2016 delivered

in S.T. No.28/2014 passed by Special Judge, Katni, District-Katni. Earlier bail application of the appellant Deepak Berman (IA No.9805/2023) was permitted to be withdrawn with liberty to renew it after actual sentence of 10 years.

T h e appellant has been convicted for the offence punishable under Section 302 of IPC and sentenced to undergo R.I. for life imprisonment with fine of Rs.25,000/- with default stipulation.

Learned counsel for the appellant submits that co-accused/appellant No.2 Gannu Burman has already been released on bail vide order dated 28.6.2023. As per report submitted by the counsel for the State, the appellant Deepak

Berman has completed 10 years actual sentence. The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of the appellant 1 may be suspended.

Learned Panel Lawyer for the respondent/State has opposed the application and prays for its dismissal .

Considering the aforesaid factual backdrop and bleak chances of final hearing of this appeal in near future and also looking to the custody period and the fact that co-accused has already been granted bail by this Court, without

expressing any opinion on merits of the case, we deem it proper to suspend the remaining jail sentence of the appellant 1.

Accordingly, I.A No.4091 of 2024 is allowed.

Subject to depositing the fine amount (if not already deposited), the remaining jail sentence of appellant 1 is hereby suspended and it is directed that appellant-Deepak Berman be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with solvent surety of the like amount to the satisfaction of the trial Court with a further direction to appear before the trial Court, Katni District-Katni on 05.08.2024 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.

                               (DWARKA DHISH BANSAL)                        (ACHAL KUMAR PALIWAL)
                                      JUDGE                                         JUDGE

                          sm