Vijay Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 8557 MP

HIGH COURT OF MADHYA PRADESH Cr. Appeal No.7419/2021 (Vijay Ahirwar and others Vs. State of M.P.) JABALPUR : 09.12.2021 Shri J.P.Singrol, Advocate for the appellants. Shri Anshul Mishra, P.L. for the State. Heard on admission.

Admit.

Record of the trial Court be called for. Also heard on I.A. No.21787/2021, an application under section 389(1) Cr.P.C. for suspension of sentence and grant of bail to the appellants.

This appeal has been preferred against the judgment dated 29.11.2021 passed by I Additional Sessions Judge, Tikamgarh in S.T. No.146/2019 whereby each of the appellants have been convicted under Section 323/34 of the IPC and sentenced to undergo S.I. for 3 months each along with fine of Rs.1,000/- , in default to suffer imprisonment for 15 days.

Learned counsel for the appellants submits that the trial Court has already suspended the jail sentence till 28/12/2021 and they have been wrongly convicted. The learned trial Court has erred in appreciating the evidence on record. The appellants were on bail during trial and they did not misuse the liberty so granted. The fine amount has already been deposited by them. An early hearing of this appeal is not possible and owing to COVID-19 outbreak, detention of appellants in already congested prisons may be detrimental. The appellants are permanent resident of District- Tikamgarh (M.P.). There are fair chances of success of this appeal. They are ready to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for suspension of sentence is made.

An early hearing of this appeal is not possible. Taking

HIGH COURT OF MADHYA PRADESH Cr. Appeal No.7419/2021 (Vijay Ahirwar and others Vs. State of M.P.) into consideration the facts and circumstances of the case, the I.A. is allowed.

It is, therefore, directed that if appellants Vijay Ahirwar, Bhagirath Ahirwar, Dhaniram Ahirwar and Kamlesh Ahirwar deposit the entire fine amount, if not already deposited, and furnish a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand) each with a solvent surety each in the like amount, to the satisfaction of trial Court for their appearance before the trial Court of this Court on 30th March, 2022 and on such subsequent dates as may be fixed in this regard, sentence of imprisonment awarded to them shall remain suspended till further orders and they shall be released on bail.

List the appeal for final hearing as per its turn. C.C. as per rules.

(S.A.Dharmadhikari) JUDGE HS

HEMANT SARAF 2021.12.09 18:28:12 +05'30'