Santosh Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 14940 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 872 of 2022
                                            (SANTOSH AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 15-11-2022
                                 Shri Sheeshu Yadav, learned counsel for the appellant.

                                 Shri Nitin Goyal, Panel Lawyer for the respondent/ State.

Heard on IA No. 10289/2022 which is first application under Section 389(1) Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant.

This Criminal Appeal assails the judgment dated 29.11.2021 passed in

SST No.300029/2011 by Special Judge (MPDVPK Act), District Datia (M.P.) whereby the appellant stood convicted under Sections 394, 397 IPC read with Section 11/13 of MPDVPK Act and sentenced to undergo RI for ten years with a fine of Rs.2,000 on each count with default stipulations.

Learned counsel for the appellant argued that the learned trial Court has wrongly appreciated the evidence and convicted the present appellant. It is further submitted that Surendra (PW-1) and Mukesh Patel (PW-8) who were the victims of the crime have not supported the story of prosecution and turned hostile. It is further argued that Ratan Singh (PW-5) has mentioned in his

statement that he has identified the accused persons in the police station however his testimony is not reliable. There are material contradictions and omissions in the statements of witnesses. The appellant was on bail during trial and did not misuse the liberty granted to him. Final hearing of this appeal will take long time. Hence, prayed to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM

its rejection.

Heard learned counsel for the parties and perused the material available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A.No.10289/2022 filed by appellant is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. The appellant is further directed

to mark his appearance before the Office of this Court on 03/01/2023 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List the case for final hearing in due course. A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 11/16/2022 10:06:31 AM