[Cites 3, Cited by 0]
Madhya Pradesh High Court
Ajju @ Ajay Barman vs The State Of Madhya Pradesh on 5 January, 2026
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-32-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 32 of 2019
(AJJU @ AJAY BARMAN AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS )
Dated : 05-01-2026
Shri Vikesh Pratap Singh - Advocate for the appellants.
Shri Manas Mani Verma - Public Prosecutor for the respondent
No.1-State.
At the outset, Shri Vikesh Pratap Singh, learned counsel for the
appellants prays for withdrawal of I.A. No.10374/2025, which is the
Fourth application under Section 389(1) of the Cr.P.C./Section 430(1) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 for suspension of sentence
and grant of bail to appellant No.2 Rinku Barman S/o Shri Naresh @
Kunji Lal Barman.
Accordingly, I.A. No.10374/2025 is dismissed as withdrawn.
Heard on I.A. No.10367/2025, which is the first application under
Section 389(1) of the Cr.P.C./Section 430(1) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 for suspension of sentence and grant of bail to
appellant No.1 Ajju @ Ajay Barman S/o Shri Naresh @ Kunji Lal
Barman.
The appellant No.1 is aggrieved of the judgment dated 29.10.2018
passed by the learned Special Judge, Scheduled Caste/Scheduled Tribe
(Prevention of Atrocities) Act, Katni (M.P.) in Special case
No.39/2017, whereby the appellant No.1 stands convicted and sentenced
2 CRA-32-2019
as under:-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
302/34 I.P.C. R.I. for life Rs.2,000/- R.I. for 8 months
452 I.P.C. R.I. for 2 years Rs.500/- R.I. for 2 months
3(2)(v) SC/ST Act R.I. for life Rs.2,000/- R.I. for 8 months
Shri Vikesh Pratap Singh, learned counsel for the appellants
submits that there are general and omnibus allegations against the
appellant No.1. PW-17 Dr. Rajesh Kumar Kewat, who had conducted the
postmortem on the body of deceased Jagat at Community Health Center,
Umariya Pan, stated that during postmortem he had found that there was
a deep cut injury from one end of the head below ear to another end of
the head in horizontal, as a result of which there were fractures of the
bones beneath them, namely, fracture of right and left maxillary bone,
jaw was fractured from top to bottom. There was a fracture of nasal
bone. Length of the injury was 3½ inch x 1 cm. x 2 inch deep. There was
an injury on head measuring 1½ x 1½ cm. Cause of death was
obstruction in breathing on account of the injury on the face. In cross-
examination, this doctor admitted that when postmortem was conducted,
no weapon of assault was presented by the police. He further admitted
that there were no blood stains on the Fawda. Thus, it is submitted that
since one injury which was caused on the face, turned out to be fatal,
resulting in multiple fractures and that is attributed to co-accused Rinku
and there are general and omnibus allegations made by PW-1 Pan Bai
3 CRA-32-2019
against the present appellant. It is also submitted that there are good
chances of success in this appeal. Hence, prayer is made to suspend the
remaining jail sentence of the appellant No.1 and to release him on bail.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent-State, in his turn, opposes the prayer for suspension of
sentence and grant of bail.
After hearing learned counsel for the parties and going through the
record, so also looking to the fact that the appeal will take considerable
time for its disposal, without commenting on the merits of the case, we
are of the considered opinion that this is a fit case to suspend the
remaining jail sentence of the appellant No.1 and to release him on bail.
I.A.No.10367/2025 is accordingly 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 each in the like
amount to the satisfaction of the trial court for his appearance before the
trial Court on 09.03.2026 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
No.1 Ajju @ Ajay Barman shall remain suspended and he shall be
released on bail till final disposal of this appeal.
I.A.No.10367/2025 is allowed & disposed of.
List the case for final hearing in Part-B of the cause list as per its
4 CRA-32-2019
turn and seniority.
Certified copy as per rules.
(VIVEK AGARWAL) (RATNESH CHANDRA SINGH BISEN)
JUDGE JUDGE
pp
