Hemant Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3682 MP

                                  1                         Cr.A.8003/2021

               HIGH COURT OF MADHYA PRADESH
                          CRA No. 8003 of 2021
               (HEMANT AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 15-03-2022

        Shri Sushil Goswami, learned counsel for the appellant.

        Shri      R.K.Awasthi,   learned     Public   Prosecutor        for   the

respondent/State.

Heard on I.A.No.33660/2021, an application under Section 389

of Cr.P.C. filed by appellant for suspension of sentence and grant of

bail.

Vide judgment dated 25.11.2021 passed by learned Sessions

Judge, District Datia (M.P.) in S.T.No.34/2019, the appellant has been

convicted and sentenced as under:

Section Sentence Fine In default stipulation 307 of IPC 5 years RI Rs.5,000/- six months RI 25(1-b)(A) 1 years RI Rs.500/- one month RI of Arms Act 27 of 3 years RI Rs.500/- one month RI Arms Act

In brief the prosecution case is that on 23.12.2018 at 12-55 PM

injured Rakesh Ahirwar lodged a Dehati Nalishi along with Ravindra

Kumar, Sub Inspector, Police Station Jigna against present appellant

Hemant and one Bablesh that in the morning at 5.00 AM along with

his father after watering the field they were returning to their house, on

the way near D.P. Wali Kuia, Ram Milan Ahirwar met him. He told

him for going to Datia, then he told that he will also accompany. After 2 Cr.A.8003/2021

that he took the mobile of Ram Milan and by sitting on the culvert

started operating the mobile, his father was also standing nearby. At

10.30 AM appellant Hemant along with Bablesh came there and started

abusing them with filthy language and told that do not argue with

them, otherwise they will kill them. Hemant with 315 bore country

made pistol with the intention to kill fired on him. When he is trying

to escape the bullet hit on the back side of his neck and he fell down.

Thereafter, they ran away. On his Dehati Nalishi, offence under

Sections 307, 294, 34 IPC was registered.

It is submitted by learned counsel for the appellant that he is in

custody from 25.12.2018 to 17.10.2019. During trial he was in

custody for 297 days and from 25.11.2021 till today he is in custody.

The fine amount has already been deposited. Learned counsel for the

appellant further submits that hearing of this appeal shall take

considerably long time. Under these circumstances, he prayed to

suspend the jail sentence of the appellant and grant bail.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and looking

to the custody period, appeal is of the year 2021 and the final outcome

of appeal will take time, but without commenting anything on the

merits of the case, IA.No. 33660/2021 is allowed and it is directed

that jail sentence of appellant will remain under suspension subject to

verification that the amount of fine has been deposited, on appellant

furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) 3 Cr.A.8003/2021

with one solvent surety of the like amount to the satisfaction of

concerned Trial Court for his appearance before the Principal

Registrar of this Court on 20th June, 2022 and thereafter on such

further dates as may be fixed by the office of this Court in this regard

till disposal of the appeal.

C.c. as per rules.

                                           (Deepak Kumar Agarwal)
vv                                                  Judge


        VALSALA
        VASUDEVAN
        2022.03.16
        10:10:42
        +05'30'