Ajad Ahirwar vs The State Of Madhya Pradesh
2021 Latest Caselaw 1778 MP

               THE HIGH COURT OF MADHYA PRADESH

                      Criminal Appeal No. 1966/2021
                  ( Ajad Ahirwar Vs. The State of M.P.)



Jabalpur, Dated:04-05-2021
     Heard through Video Conferencing.
     Shri D. K. Singh, learned counsel, for the appellant.

     Shri Shubham Rai, learned PL, for the respondent /State.

Heard on IA No.4680/2021 for condonation of delay occurred

in filing of the present appeal.

Considering the reasons assigned in the application, the

same is hereby allowed and the delay is condoned.

Heard on admission.

Being arguable, this appeal is admitted for final hearing.

Record of the trial court has already been received.

Heard on I.A. No.4679/2021, an application under Section

389 (1) of Cr.P.C for suspension of jail sentence on behalf of the

appellant who stood convicted by the judgment dated 24.9.2019

passed by 3rd Additional Sessions Judge, Sagar in ST

No.500103/15 under Section 326/34 of IPC and sentenced to

undergo RI for three years with fine of Rs.4000/- with default

stipulation.

It is submitted by counsel for the appellant that the

appellant is in jail since 24.9.2019 and he remained in custody

during trial and thus, he has almost completed half of the

awarded jail sentence to the appellant. He has never misused the

liberty granted to him. This appeal is of the year 2021 and there THE HIGH COURT OF MADHYA PRADESH

Criminal Appeal No. 1966/2021 ( Ajad Ahirwar Vs. The State of M.P.)

is no likelihood of this appeal being heard early. He further

submits that the appellant has already deposited the fine

amount. Appellant is ready to abide with all the conditions which

may be imposed by this court while considering this bail

application and looking to the present scenario of Covid-19

pandemic, the appellant prayed for suspension of sentence and

grant of bail.

Per contra, learned counsel for State has opposed the

application stating that he participated in the commission of the

offence and prayed for rejection of the same.

Heard learned counsel for the parties and perused the

judgment.

Considering the overall facts and circumstances of the case

and also the period of custody of the appellant, but without

commenting on the merits of the case, this Court deems it

appropriate to allow the application for grant of suspension of

sentence.

Accordingly, application for suspension of sentence is

allowed. Subject to verification of deposit of fine amount as

imposed by the trial court, jail sentence of appellant Ajad Ahirwar

shall remained suspended till final disposal of this appeal and the

appellant is directed to be released on bail on furnishing a

personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one THE HIGH COURT OF MADHYA PRADESH

Criminal Appeal No. 1966/2021 ( Ajad Ahirwar Vs. The State of M.P.)

solvent surety in the like amount to the satisfaction of trial Court,

for his appearance before Registry of this Court on 30.11.2021

and thereafter on all subsequent dates as may be fixed by the

office.

The appellant is further directed to abide by all the terms

and conditions. He shall install Arogya Setu App in his mobile

immediately and would intimate his place of residence to the SHO

of concerned Police Station; where he resides. He shall further

submit an undertaking to the effect that he will abide by the

terms and conditions of different circulars, orders as well as

guidelines issued by Central Government, State Government as

well as Local Administration for maintaining social distancing,

hygiene etc to avoid Novel Corona Virus (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that

before releasing the appellant, medical examination of appellant

shall be undertaken by the jail doctor and on prima facie, if it is

found that he is having the symptoms of COVID-19, then

consequential follow up action including the isolation/quarantine

or any test if required, be ensured, otherwise appellants shall be

released immediately on bail and shall be given a pass or permit

for movement to reach his place of residence.

THE HIGH COURT OF MADHYA PRADESH

Criminal Appeal No. 1966/2021 ( Ajad Ahirwar Vs. The State of M.P.)

E copy of this order be sent to the trial Court concerned for

compliance. It is made clear that E-copy of this order shall be

treated as certified copy for practical purposes in respect of this

order.

Application stands disposed of.

List this appeal for final hearing in due course.

CC as per rules.

(VISHAL MISHRA)

JUDGE

JP/-