Sundar Ahirwar vs The State Of Madhya Pradesh
2022 Latest Caselaw 15468 MP

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                                           IN THE HIGH COURT OF MADHYA PRADESH
                                                        AT GWALIOR
                                                        CRA No. 9886 of 2022
                                         (SUNDAR AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-11-2022
                                 Mr. F.A. Shah, learned counsel for the appellants.

                                 Mr. Atul Sharma, learned Panel Lawyer for the respondent - State.

Admit.

Heard o n I.A. No. 16699 of 2022, first application under Section 389 (1) of CrPC for suspension of jail sentence and grant of bail to the appellants.

This Criminal Appeal assails the judgment dated 29.9.2022 passed by

Principal Sessions Judge, Datia (M.P.) in S.T. No. 3593/2021, whereby appellant No. 1 has been convicted and sentenced under Section 326 of IPC to undergo rigorous imprisonment of one year with fine of Rs.5,000/- and appellant No. 2 has been convicted and sentenced under Section 323 of IPC to undergo rigorous imprisonment of six months with fine of Rs.500/-, with default stipulation.

Learned counsel for the appellants submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. In the cross-case, appellants have also received injuries. Appellants were

on bail during trial and they did not misuse the liberty so granted to them. Present criminal appeal is likely to take long time to conclude. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Counsel for the State vehemently opposed the application and prayed for its rejection.

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

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 10:12:52 AM

Considering the arguments rendered by learned counsel for the appellant as well as facts and circumstances of the case, without commenting on merits of the case, I.A.No. 16699 of 2022 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on each of the appellants 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 appellants shall remain suspended and they be released on bail. Appellants are further directed to mark their appearance before the Office of this Court o n 09.1.2023 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

AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 24-Nov-22 10:12:52 AM