Deshraj Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 4359 MP

                                  1                              CRA-3986-2021
        The High Court Of Madhya Pradesh
                   CRA-3986-2021
           (DESHRAJ AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

2
Jabalpur, Dated : 16-08-2021
      Heard through Video Conferencing.
      Shri Ashish Tiwari, counsel for the appellants.
      Shri Harish Shukla, Panel Lawyer for the respondent/State.

Heard on I.A.No. 12288/2021 which is first application for suspension of sentence filed on behalf of appellants who stand convicted vide judgment

dated 17.06.2021 passed by Session Judge, Tikamgarh, District Tikamgarh in Session Trial No.03/2019, Appellants No. 1, 3 and 4 have been convicted under Sections 326/34 and 323 of the Indian Penal Code and appellant No. 2 has been convicted under Sections 326 and 323/34 of the Indian Penal Code. Appellants have been sentenced to undergo RI for three years with fine of Rs. 5,000/- and Rs. 500/- each with default stipulations.

Learned counsel for the appellants submits that the sentence awarded to the appellants is of three years. Their sentence was suspended by the trial Court till 17.07.2021 which has been extended by this Court for a period of

month i.e. till 16.08.2021 and they have never misused the liberty. Final disposal of this appeal would take considerable time, hence, it is prayed that the substantive jail sentence of the appellants be suspended and they be released on bail.

Learned Panel Lawyer for the State has opposed the bail application. Considering the facts and circumstances of the case and quantum of sentence awarded to the appellants, without commenting upon the merits of the case, I.A. No. 12288/2021 is allowed and disposed of.

It is directed that on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial Court, the remaining part of the substantive jail sentence imposed upon appellants namely Deshraj Ahirwar, 2 CRA-3986-2021 Pappu Ahirwar, Sanju Ahirwar and Monu Ahirwar shall remain suspended during the pendency of this case and they shall be released on bail. Appellants shall appear before the concerned trial Court on 01.12.2021 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal.

List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

vidya Digitally signed by SREEVIDYA Date: 2021.08.16 17:30:18 +05'30'