Raghuvar Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 581 MP

       THE HIGH COURT OF MADHYA PRADESH
                          CRA.3217/2017
        (Raghuvar Ahirwar and Ors. Vs. State of M.P. )
                                                                   1

Jabalpur, Dated : 09 / 03 / 2021
      Shri M.K. Mishra, counsel for the appellant.
      Shri Ajay Tamrakar, P.L. for the respondent / State.

Heard on I.A. No.1195/2021, which is an application u/S.389(1) of Cr.P.C. for suspension of the custodial sentence passed against the appellant No.1 Raghuvar Ahirwar.

This appeal has been preferred against the judgment dated 09/08/2017 passed by Additional Sessions Judge, Nougaon, District Chhatarpur in S.T.No.367/2012, whereby learned Additional Sessions Judge found the appellant guilty for the offences punishable under Sections 304-B of IPC and sentenced him to undergo R.I. for seven years.

Learned counsel for the appellant submitted that the trial Court without appreciating the evidence properly, wrongly convicted the appellant for the aforesaid offences. There are several omissions and contradictions in the evidence adduced by the prosecution. It is further submission that there is no specific allegation against the appellant regarding demand of dowry. The parents of the deceased clearly admitted in their cross-examination that deceased Smt. Kranti Bai suffered from mental illness. Hence prayed for suspension of the jail sentence and release of the appellant No.1 Raghuvar Ahirwar on bail since the hearing of this appeal is likely to take long time.

On the other hand, learned counsel for the State opposed the prayer and submitted that the guilt of the appellant was proved beyond reasonable doubt, therefore, learned trial Court has rightly convicted and sentenced the appellant.

After hearing learned counsel for the parties and considering the facts and circumstances of the case and the fact that the THE HIGH COURT OF MADHYA PRADESH CRA.3217/2017 (Raghuvar Ahirwar and Ors. Vs. State of M.P. )

appellant is in custody since 09.08.2017 and according to listing policy the hearing of this appeal is likely to take long time, the application is allowed and it is directed that the execution of the jail sentence alone passed against the appellant No.1 Raghuvar Ahirwar shall remain suspended during the pendency of this appeal and he be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court for his appearance before the Registry of this Court on 26.07.2021 and on such further dates as may be fixed in this behalf by the Registry during the pendency of this appeal.

Since the appeal has already been admitted for final hearing, list the case for final hearing in due course.

C.C. on payment of usual charges.

                                                            (Rajeev Kumar Dubey)
sarathe                                                           Judge




          Digitally signed
          by NAVEEN
          KUMAR
          SARATHE
          Date: 2021.03.09
          18:01:04 +05'30'