Madhya Pradesh High Court
Ramesh Ahirwar vs State Of M.P. on 23 February, 2021
Author: Sheel Nagu
1 CRA 733-2010
THE HIGH COURT OF MADHYA PRADESH
CRA 733-2010
(Ramesh Ahirwar Vs. State of M.P. )
Gwalior Dt. 23.02.2021
Shri Mehmood Khan, learned counsel for the appellant.
Shri Rajesh Shukla, learned Dy.A.G. for the respondent/State.
Learned counsel for the rival parties are heard.
This criminal appeal assails the judgment dated 12.08.2010
passed in S.T.No.82/2010 by Additional Sessions Judge Datia,
District Datia, whereby appellant-Ramesh Ahirwar has been
convicted as under:
Section Imprisonment Fine
302 of IPC L.I. Rs. 1000/- with
default
stipulation
I.A.No.3674/2021, first application u/S. 389(1) Cr.P.C. for
suspension of sentence moved on behalf of appellant-Ramesh
Ahirwar is taken up and considered alongwith reply filed by the
State.
Prosecution story found to be proved is that on the fateful day
when the wife of appellant refused to give him money for purchasing
cycle, the appellant in a fit of rage went home and threw one of his
children in the pond, leading to death by drowning.
The appellant has suffered more than 10 years of custody and
the incident appears to be founded upon more on impulse than intent.
2 CRA 733-2010
In view of above and considering the ongoing Covid-19
pandemic and that there is no hope of this appeal coming up in the
near future for final hearing, this Court is inclined to grant bail to the
appellant-Ramesh Ahirwar by way of suspension of sentence.
Accordingly, without expressing any opinion on merits, I.A.
No.3674/2021 is allowed and it is directed that the jail sentence of
appellant-Ramesh Ahirwar will remain under suspension subject to
verification that the amount of fine has been deposited, on the
appellant's furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties of the like amount to the
satisfaction of CJM concerned for his appearance before concerned
CJM on 15.11.2021 and on such further dates as may be fixed by
him which shall be of frequency not less than once in a year.
In case, appellant is found absent on any date fixed by CJM
concerned then the said Magistrate shall be free to issue and execute
warrant of arrest for securing his presence without first referring the
matter to this Court, provided the Registry of this Court is kept
informed.
The appellant as a Shiksha Swayamsevak shall render physical
and financial assistance to government primary school situated nearest
to residence of appellant for ensuring hygiene and sanitation and for
removing deficiencies of infrastructural amenities in the said school
3 CRA 733-2010
from the skill/resources of the appellant. [;kfpdkdrkZ ,d f'k{kk Lo;alsod ds
:i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj
vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk
vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks
nwj djsxkAa]
The appellant after selecting a particular Govt. Primary School
shall inform about the same to the office of Gram Panchayat (in case
of rural area) and/or Ward Officer of the concerned ward (in case of
urban area), within whose territorial jurisdiction the said school is
situated. [;kfpdkdrkZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~
blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys es½a [email protected];k lEcaf/kr okMZ
ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS]
dks lwfpr djsxkA]
It will be joint responsibility of Sarpanch and Secretary of said
Gram Panchayat (in case of rural area) and/or Ward Officer of the
concerned ward (in case of urban area) to preserve the said
information provided by the petitioner. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh
¼'kgjh {ks= ds ekeys es½a [email protected];k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks=
ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] ;kfpdkdrkZ }kjk iznRr lwpuk dks lajf{kr
djsA]
The registry of this Court shall communicate this order through
Legal Aid Officer, SALSA, Gwalior to the Collector, District
Education Officer, Block Education Officer of the district/block
4 CRA 733-2010
concerned for information and compliance.
A copy of this order be supplied to the Legal Aid Officer,
SALSA, Gwalior who is directed to communicate this order to the
District Education Officer, Block Education Officer of the
district/block concerned to verify as to whether appellant has complied
with aforesaid condition or not and submit report once every month.
In case, report regarding aforesaid condition is not filed or
report is found to be wanting in any manner then Registry is directed
to list this matter as PUD before appropriate Bench.
The learned concerned Magistrate and the prosecution are
directed to ensure following of Covid-19 precautionary protocol
prescribed from time to time by the Supreme Court, the Central
Govt. and as well as the State Govt. during release, travel and
residence of the appellant during period of suspension of sentence
as a consequence of this order.
A copy of this order be sent to the Magistrate of the
concerned district for compliance.
(Sheel Nagu) (Anand Pathak)
Judge Judge
ojha
YOGENDR
A OJHA
2021.02.2
4 10:46:31
+05'30'
