Rakesh Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 2014 MP

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             The High Court Of Madhya Pradesh
                      CRA No. 2439 of 2015
              (RAKESH AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 14-02-2022
      Shri Madan Singh, Advocate for the appellants.

      Shri Dilip Parihar, P.L. for the respondent/State.

Heard on I.A. No. 2075/2022, which is an application seeking temporary suspension of sentence and grant of temporary bail filed on behalf of appellant No.1 Rakesh Ahirwar.

The present appeal has been preferred under Section 374(2) of the Cr.P.C.

by the appellant No.1 against the impugned judgment dated 27.08.2015 in S.T. No.437/2013 passed by First Additional Sessions Judge Khurai, District Sagar, whereby he has been convicted for the offences punishable under Sections 302/34, 452/34 and 324 of the IPC and sentenced to undergo life imprisonment with fine of Rs.2,000/-, R.I. for three years with fine of Rs.1,000/- and R.I. for one year with fine of Rs.1,000/- respectively with usual default stipulation.

Learned counsel for the appellants submits that marriage of the real sister of appellant No.1 Rakesh Ahirwar is to be scheduled from 16.02.2022, therefore, it has been prayed the temporary suspension of sentence be granted to the aforesaid

appellant.

Learned Panel Lawyer obtained the instructions and informed that marriage is indeed scheduled as per marriage card.

Looking to the fact that the marriage of sister of appellant No.1 is to take place on 16.02.2022 and the factum of the same has already been verified by Panel Lawyer, we deem it appropriate to suspend the custodial sentence of appellant No.1 Rakesh Ahirwar for a period of 10 days from the date of release of the appellant No.1 Rakesh Ahirwar therefore, I.A. No.2075/2022 is allowed.

It is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No.1 Rakesh Ahirwar shall remain suspended and he shall be released on bail for a period of 10 days

from today only with direction to surrender before the trial Court concerned on or before the expiry of period of 10 days, failing which the trial Court will be at liberty to take appropriate steps to take appellant No.1 Rakesh Ahirwar into the custody.

Certified copy today as per rules.

                                        (SUJOY PAUL)                                        (ARUN KUMAR SHARMA)
                                           JUDGE                                                   JUDGE

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Date: 2022.02.14 17:04:31 IST