Surendra Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1535 MP

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                                                   Cr.R. No.1170-2021

              THE HIGH COURT OF MADHYA PRADESH
                            Cr.R. 1170-2021
                (Surendra Ahirwar & ors. Vs. State of M.P.)

Gwalior, Dated 23.04.2021

         Shri Shivam Savita, Advocate for the petitioners.

         Shri BPS Chauhan, Public Prosecutor for the State.

         Record of both the courts below be requisitioned.

         Learned counsel for the petitioners is directed to supply a copy

of this criminal revision alongwith all annexures to the counsel for the

State.

         I.A.No.11306/2021 an application for suspension of jail

sentence and grant of bail moved on behalf of the petitioners u/S.

397(1) of Cr.P.C. is taken up and considered.

         In the present case, the petitioners have been convicted u/Ss.

325/34 of IPC for one year R.I. with a fine of Rs. 2000/- each and on

failure to deposit fine the petitioners sentenced to undergo further

rigorous imprisonment of two month by judgment dated 24.03.2021

passed in Criminal Appeal No. 91/2017 by 1 st Additional Sessions

Judge, Datia to the court of 2 nd Additional District Judge Datia.

         In view of the reasons mentioned in the application coupled

with the fact that there is no possibility of the revision coming up for

final hearing in near future and also looking to the short period of

sentence awarded, without expressing any opinion on the merits,
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                                                          Cr.R. No.1170-2021

   awaiting admission of the revision , this court is inclined to extend

   the benefit of suspension of sentence to the petitioners.

             Accordingly, I.A.No. 11306/21 is allowed.

             It is directed that the jail sentence of the petitioners will remain

   under suspension, subject to depositing fine amount and furnishing a

   bail bond of Rs. 50,000/- (Rupees Fifty Thousand only) each with

   two solvent sureties of the like amount to the satisfaction of concerned

   available Magistrate for their appearance before concerned Magistrate

   on 21.06.2021 and all other subsequent dates as may be fixed by him

   which shall be of frequency not less than once a year.

             In case, the petitioners are found absent on any date fixed by the

   concerned Magistrate then the said Magistrate shall be free to issue

   and execute warrant of arrest for securing their presence without first

   referring the matter to this Court, provided the Registry of this Court is

   kept informed.

             List immediately after receipt of record.



                                                            (Sheel Nagu)
                                                               Judge

   ojha



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A OJHA
2021.04.24

11:20:00 +05'30'