Biraan Burman@ Babu Lal vs The State Of Madhya Pradesh
2025 Latest Caselaw 847 MP

Madhya Pradesh High Court

Biraan Burman@ Babu Lal vs The State Of Madhya Pradesh on 15 May, 2025

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                              1                              CRA-13212-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                      CRA No. 13212 of 2023
                                  (BIRAAN BURMAN@ BABU LAL Vs THE STATE OF MADHYA PRADESH AND OTHERS )



                           Dated : 15-05-2025
                                 Smt. Archana Tiwari - Advocate for the appellant.
                                 Shri Nitin Gupta - Government Advocate for the respondents/State.

Heard on I.A. No.958/2024, which is first application under Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to appellant- Biran Burman S/o Ramlal Burman.

This appeal is filed being aggrieved of judgment dated 30/06/2022 passed by Special Judge, POCSO Act, 2012 and Scheduled Caste and Scheduled Tribes Act, 1989, District Jabalpur in SCATR No.158/2016 convicting the appellant for the offence punishable under Section 366 of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/-, under Section 376(2)(i) of IPC and Section 3(2)(5) of SC/ST Act and sentenced to undergo R.I. for life with fine of Rs.1,000/- with default stipulation of additional R.I. for one month.

It is submitted by learned counsel for the appellant that the appellant is

innocent and he has been falsely implicated. Prosecutrix has herself admitted that in cross-examination, her privacy was not violated and when she shouted for help, he had run away, he had only abducted her. It is submitted that there is no FSL or DNA report. There is no material to support the case of the prosecution that privacy of the prosecutrix was violated. There are good chances of success of appeal. Conclusion of appeal is likely to take time. It is

2 CRA-13212-2023 therefore, prayed that the remaining sentence imposed on the appellant be suspended and he be enlarged on bail.

Learned Government Advocate, on the other hand, opposes the prayer for suspension of sentence.

After hearing learned counsel for the parties and going through the record, without commenting on the merits of the case, this Court is of the opinion that it is a fit case to suspend the execution of remaining part of jail sentence of the appellant and to release them on bail.

Accordingly, I.A. No.958/2024 is allowed. It is directed that on depositing the fine amount, if not already deposited and on furnishing a personal bond to the tune of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the Trial Court

for his appearance before the Trial Court on 24.07.2025 and on such other dates as may be fixed by the Trial Court, which shall not be more than two times in a year, the execution of remaining part of the jail sentence imposed upon appellant- Biran Burman @ Babu Lal shall remain suspended and he shall be released on bail till final disposal of this appeal.

Thus, I.A. No.958/2024 is allowed and disposed of.

                                 (VIVEK AGARWAL)                                (DEVNARAYAN MISHRA)
                                      JUDGE                                            JUDGE
                           AT