Kamlesh Ahirwar @ Banta @ Lallu @ ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 16353 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 7342 of 2021 (KAMLESH AHIRWAR @ BANTA @ LALLU @ ASLAM @ RAHUL Vs THE STATE OF MADHYA PRADESH)

Dated : 09-12-2022 Shri Ravi Dwivedi, Advocate for the appellant.

Shri Manhar Dixit, Panel Lawyer for the State.

In pursuant to order passed by this Court on 28.10.2022, State counsel informs that appellant has no criminal antecedents.

I.A. No.11312/2022, an application filed u/S.389(1) of Cr.P.C. for

suspension of sentence is taken up and considered alongwith the reply of the State.

This criminal appeal assails the judgment dated 09.11.2021 passed in S.T. No.10/2016 by the First Additional Judge to the Court of First Additional Sessions Judge, Panna (M.P.) whereby appellant has been convicted u/Ss.395 r/w 397 of IPC and sentenced to undergo R.I. for 10 years with fine of Rs.1,000/- and Sec.25(1-B)(A) of Arms Act and sentenced to undergo R.I. for 1 year with fine of R.1,000/- with default stipulations.

Learned counsel for the State opposed the application and prayed for its

rejection by contending that on the basis of the allegations and the material available on record, no case for suspension of sentence is made out.

Learned counsel for appellant submits that appellant has suffered about 7 years of incarceration as against the sentence of 10 year's R.I. awarded and there is no hope of appeal being decided in near future.

Accordingly, without entering into the merits of the matter and in absence of criminal antecedents, this Court is inclined to grant bail to appellant by way of suspension of sentence. Hence, I.A. No.11312/2022 is allowed. Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 12/9/2022 5:49:19 PM

It is directed that jail sentence of appellant- Kamlesh Ahirwar @ BAnta @ Lallu @ Aslam will remain under suspension subject to deposit of fine amount, if not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of concerned available Magistrate for his appearance before concerned available Magistrate on 20.02.2023 and on such further dates as may be fixed in this regard which shall be of frequency not less than once a year.

In case, appellant is found absent on any date fixed by the concerned available Magistrate, then concerned available 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.

A copy of this order be sent to the trial Court concerned for compliance. C.C. as per rules.

(SHEEL NAGU) JUDGE

Sateesh

Signature Not Verified Signed by: SATEESH KUMAR SEN Signing time: 12/9/2022 5:49:19 PM