Ramhit Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 254 MP

                                  1                                CRA-6963-2021
        The High Court Of Madhya Pradesh
                 CRA No. 6963 of 2021
           (RAMHIT AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 05-01-2022
      Mr. Brajendra Singh Kushwaha, learned counsel for the appellants.

      Ms. Anchan Pandey, learned Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence admitted for hearing. Heard on I.A.No.20703/2021 which is first application for suspension o f sentence and grant of bail to the appellants who stand convicted vide

judgment dated 26.10.2021 passed by Special Judge under the Protection of Children from Sexual Offences Act, Panna in Special Case No.34/2018 for offences punishable under Sections 363, 366 (a), 376 (2) (n) and 342 of the Indian Penal Code and sentenced to undergo R.I. for three years, five years, 10 years and three months, respectively and default stipulation.

Learned counsel for the appellants submits that the trial Court has not considered the evidence on record properly. It is further submitted that the main accused is Rajkumar Ahirwar and as it appears from the statement of the prosecutrix itself, appellants have supported the prosecutrix. It is also

submitted that the final disposal of this appeal would take considerable time, hence, the substantive jail sentence of the appellants be suspended and they be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the bail application.

I have heard learned counsel for the parties and perused the record. The main accused is Rajkumar Ahirwar who committed rape with the prosecutrix. Hence, in view of the above, considering the facts and circumstances of the case, without commenting upon the merits of the case, I.A. No.20703/2021 is allowed. It is directed that on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) each with a Surety each in the like amount to the satisfaction of the trial Court concerned, 2 CRA-6963-2021 the remaining part of the substantive jail sentence imposed upon appellants, namely, Appellant No.1 - Ramhit Ahirwar and Appellant No.2- Shreepal Ahirwar shall remain suspended during the pendency of this case and they be released on bail. The appellants shall appear before the concerned trial Court on 27.04.2022 and on all subsequent dates, as may be fixed in this regard during the pendency of this appeal.

Accordingly, I.A.No.20703/2021 stands disposed of. List the case for hearing in due course.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2022.01.05 18:45:01 IST