Madhya Pradesh High Court
Pappu Ahirwar vs The State Of Madhya Pradesh on 6 December, 2021
Author: Arun Kumar Sharma
1 CRR-2832-2021
The High Court Of Madhya Pradesh
CRR No. 2832 of 2021
(PAPPU AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 06-12-2021
Shri Arvind Kumar Soni, Advocate for the applicant.
Shri Deepak Bhatiya, Deputy Government Advocate for the
respondent/State.
Heard on the question of admission.
Revision is admitted for final hearing.
Record of the Courts below is available.
Heard on I.A.No. 19540/2021, which is an application for suspension
of sentence and grant of bail to the applicant.
The revision has been preferred under Section 397/401 of the Cr.P.C.,
1973 by the applicant against impugned judgment dated 07.09.2015 in
Cr.A.No.67/2013 passed by First Additional Sessions Judge Tikamgarh,
District Tikamgarh (M.P)., arising out of the judgment and findings dated
02.01.2013 passed by JMFC in Criminal Case No.893/2007 and convicted
the applicant for the offence punishable under Sections 324/34 and 323/34 in
four Counts of IPC and has been sentenced to undergo R.I. for 6 and 3
months in each count respectively with fine of Rs.300 and 200/- with default
stipulation.
Learned counsel for the applicant submits that the applicant has already
deposited the fine amount. He is in jail since 07.10.2021. There are fair
chances to succeed in the case. Final hearing of this revision will take time.
Therefore, the application filed on behalf of the applicant may be allowed and
period of his remaining jail sentence may be suspended and he may be
released on bail.
On the other hand, learned Deputy Government Advocate opposed the
bail application and prayed for rejection of the same.
Considering the contentions of learned counsel for the parties and
looking to the facts and circumstances of the case and revision will take time
2 CRR-2832-2021
for its final disposal but without expressing any opinion on the merits of the
case, I am of the considered opinion that it would be appropriate to suspend
the custodial sentence awarded to the applicant and grant bail to him.
Consequently, I.A.No.19540/2021 is allowed subject to deposit of fine
amount, if not already deposited. The custodial sentence awarded to the
applicant shall remain suspended during the pendency of this revision.
Applicant be released from custody on his furnishing a personal bond in the
sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one solvent
surety in the like amount to the satisfaction of the Trial Court. The applicant
shall appear and mark his presence before Trial Court on 21.03.2022 and on
subsequent dates as may fixed by the trial Court from time to time till final
disposal of the case.
A typed copy of this order be forwarded by the Registry to the Office
of the Advocate General and to the concerned learned PL, on their respective
email address for intimation to the Police Station concerned. The office is
requested to forward a copy of this order to the learned Court below also.
List this case for final hearing as per its turn.
Certified copy/e-copy as per rules/directions.
(ARUN KUMAR SHARMA)
JUDGE
Vin**
Signature Not Verified
SAN
Digitally signed by VINOD SHARMA
Date: 2021.12.07 11:49:28 IST
