Bipin Varghese Bamban vs State Of Kerala on 25 May, 2026

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    Bipin Varghese Bamban vs State Of Kerala on 25 May, 2026

                                          IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION
    
                                            CRIMINAL APPEAL NO.2737/2025
    
                          BIPIN VARGHESE BAMBAN                                       Appellant(s)
    
                                                                 VERSUS
    
                          STATE OF KERALA & ORS.                                      Respondent(s)
    
                                                       O R D E R
    

    I.A. No. 94322/2026:

    This Criminal Appeal challenges the order dated

    27.03.2024 passed by the High Court of Kerala at

    Ernakulam, in Criminal Appeal No. 1314/2016, whereby

    the appellant’s appeal against conviction order dated

    11.11.2016 passed by the Trial Court was affirmed by

    the High Court.

    The appellant being accused No.2 along with two

    SPONSORED

    co-accused faced trial in connection with a crime

    registered pursuant to FIR No.449/2014 dated

    14.09.2014 lodged with Police Station Meppadi,

    District Wayanad in respect of the offences punishable

    under Sections 449, 302, 392, 120B and 201 read with

    Section 34 of the Indian Penal Code, 1860 [in short

    IPC”]. The Trial Court vide judgment dated 11.11.2016
    Signature Not Verified

    Digitally signed by
    RADHA SHARMA
    Date: 2026.05.25
    in SC No.314/2014 convicted and sentenced the
    16:53:32 IST
    Reason:

    appellant/accused No.2 and other two co-accused as

    1
    under:

    1) The accused Nos.1 to 3 are sentenced to undergo
    imprisonment for life and to pay a fine of
    Rs.1,00,000/- (Rupees One Lakh Only) each, and
    in default of payment of the said fine, they
    shall undergo simple imprisonment for three
    years each under Section 302 read with 34 IPC.

    2) The accused Nos.1 to 3 are sentenced to undergo
    rigorous imprisonment for three years each
    under Section 120-B IPC.

    3) The accused Nos.1 to 3 are sentenced to undergo
    rigorous imprisonment for five years each and
    to pay a fine of Rs.50,000/- (Rupees Fifty
    Thousand Only) each, and in default of payment
    of the said fine, they shall undergo simple
    imprisonment for one year each under Section
    449
    read with 34 IPC.

    4) The accused Nos.1 to 3 are sentenced to undergo
    rigorous imprisonment for seven years each and
    pay a fine of Rs.50,000/0 (Rupees Fifty
    Thousand Only) each, and in default of payment
    of the said fine, they shall undergo simple
    imprisonment for eighteen months each under
    Section 392 read with 34 IPC.

    5) The accused Nos.1 to 3 are further sentenced to
    undergo rigorous imprisonment for five years
    each and to pay a fine of Rs.50,000/-(Rupees
    Fifty Thousand Only) each, and in default of
    payment of the said fine, they shall undergo
    simple imprisonment for one year each under
    Section 201 read with 34 IPC.”

    The appellant, being aggrieved by the order of

    conviction passed by the Trial Court, filed Criminal

    Appeal No. 1314/2016 before the High Court. The said

    Criminal Appeal was dismissed by the High Court and

    thereby confirmed the appellant’s conviction and

    sentence of life imprisonment.

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    Aggrieved, the appellant has preferred the

    present Criminal Appeal. In the said Criminal Appeal

    before this Court, the appellant has preferred the

    I.A. No.94322 of 2025 seeking relief of suspension of

    sentence during the pendency of the present Criminal

    Appeal.

    This Court, vide its order dated 19.05.2025,

    issued notice in the Criminal Appeal.

    Heard learned counsel for the appellant and

    learned counsel for the State and perused the material

    on record.

    Learned counsel for the appellant submitted that

    leave has been granted in this appeal as the entire

    case turns on circumstantial evidence; that the

    appellant has already completed substantial portion of

    his jail sentence being approximately twelve years

    along with remission. The appellant has a good case on

    merits. Having regard to the length of his

    incarceration, this Court may consider granting

    interim bail pending disposal of the appeal by

    allowing the interim prayer.

    Per contra, learned standing counsel for the

    respondent-State contended that the offences for which

    the appellant has been convicted are under Sections

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    449, 302 392 and 201, which are serious in nature.

    There has been reliable circumstantial evidence which

    has led to the conviction of the appellant and the

    same having been sustained by the High Court. The mere

    grant of leave by this Court would not entitle the

    appellant to interim bail. Therefore, learned counsel

    submitted that the prayer for interim bail may be

    rejected.

    Considering the facts on record, in our view, the

    case for suspension of sentence is made out.

    We, therefore, allow interim bail and direct

    as under:

    “The appellant shall be produced before the
    Trial Court as early as possible and the Trial
    Court shall release him on interim bail, subject
    to such conditions as it may deem appropriate to
    impose to ensure his presence in the
    proceedings.”

    It is directed that the appellant shall extend

    complete cooperation in the hearing of the appeal

    before this Court. The appellant shall not misuse his

    liberty in any manner.

    Any infraction of the conditions may entail

    cancellation of the suspension of sentence granted to

    the appellant.

    4

    With these observations, this Interlocutory

    Application is allowed.

    …………………………………………………J.
    ( B.V. NAGARATHNA )

    …………………………………………………J.
    ( UJJAL BHUYAN )
    NEW DELHI;

    MAY 25, 2026
    
    
    
    
                               5
    ITEM NO.1                   COURT NO.4                     SECTION II-D
    
                     S U P R E M E C O U R T O F       I N D I A
                             RECORD OF PROCEEDINGS
    
                       CRIMINAL APPEAL    NO(S).   2737/2025
    
    BIPIN VARGHESE BAMBAN                                      Appellant(s)
    
                                         VERSUS
    
    STATE OF KERALA & ORS.                                     Respondent(s)
    
    

    (IA No. 94322/2026 – GRANT OF BAIL)

    Date : 25-05-2026 This matter was called on for hearing today.

    CORAM :

    HON’BLE MRS. JUSTICE B.V. NAGARATHNA
    HON’BLE MR. JUSTICE UJJAL BHUYAN

    For Appellant(s) Mr. V. K. Biju, AOR
    Mr. Mohammed Khalid, Adv.

    Mr. Atul Tripathi, Adv.

    Ms. Anjali Mishra, Adv.

    For Respondent(s) Mr. Nishe Rajen Shonker, AOR
    Mrs. Anu K Joy, Adv.

    Mrs. Devika A.l., Adv.

    Mr. Alim Anvar, Adv.

    Mr. Santhosh K, Adv.

    UPON hearing the counsel the Court made the following
    O R D E R

    I.A. No. 94322/2026:

    The Interlocutory Application is allowed in terms of

    the signed order. The operative portion of the order reads

    as under:

    “We, therefore, allow interim bail and direct as under:

    “The appellant shall be produced before the Trial
    Court as early as possible and the Trial Court
    shall release him on interim bail, subject to
    such conditions as it may deem appropriate to

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    impose to ensure his presence in the
    proceedings.”

    It is directed that the appellant shall extend

    complete cooperation in the hearing of the appeal

    before this Court. The appellant shall not misuse

    his liberty in any manner.

    Any infraction of the conditions may entail

    cancellation of the suspension of sentence granted

    to the appellant.”

    (RADHA SHARMA) (DIVYA BABBAR)
    ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
    (Signed order is placed on the file)

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