Hari Singh Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 12787 MP

                                                                1
                                   IN THE HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR


                                                CRA No. 9852 of 2019
                                     (HARI SINGH AHIRWAR Vs THE STATE OF MADHYA PRADESH)


                       Gwalior dated 8.8.2023
                             Shri S.K.Goswami, learned counsel for the appellant.
                             Dr.    Anjali   Gyanani,    learned    Public    Prosecutor   for   the
                       respondent/State.

Per Justice Deepak Kumar Agarwal:

IA.No.13861/2023, 2nd application u/Sec. 389(1) of Cr.P.C. for

suspension of sentence and grant of bail filed on behalf of appellant- Hari

Singh Ahirwar. First application has been dismissed as withdrawn.

This criminal appeal assails the judgment dated 2.11.2019 passed

by the Special Judge, Vidisha, in Special Sessions Trial No.82/2018,

whereby appellant has been convicted under Section 302 of IPC and

sentenced to undergo life imprisonment with fine of Rs.1,000/-.

In brief the prosecution case is that on 8.3.2018 at 6 pm

complainant Parwat Singh informed police Station Deepnakheda Distt.

Vidisha that his younger brother Gajraj was invited by Charan Singh for

dinner and for this purpose he went there, but did not return. In the

evening, Habib Khan informed that some person is lying in his field. He Signature Not Verified Signed by: MADHU SOODAN PRASAD along with Habib Khan went there and found that his younger brother Signing time: 09-08-2023 10:19:19 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

Gajraj was lying dead. There was mark of injury on his neck. On his

information, Dehati Merg 0/18 was recorded under Section 174 of Cr.P.C.

Thereafter Merg No.5/2018 was recorded. Afterwards FIR bearing crime

No.23/18 was registered under Section 302 of IPC against unknown

person. During investigation, statement of mother of the deceased namely

Sheela Bai was recorded in which she stated that co-accused Jitendra

took his son Gajraj towards river and thereafter deceased Gajraj did not

return and raised suspicion on co-accused Jitendra. Thereafter co-accused

Jitendra was arrested. In his memorandum statement under Section 27 of

the Evidence Act he stated that he along with appellant Harisingh @ Golu

and co-accused Gufran took the deceased to the field of Gulla and after

committing unnatural sex with him committed his murder by means of

knifes. Thereafter appellant and co-accused Gufran have been arrested.

After investigation, charge-sheet has been filed and after trial appellant

has been convicted as aforesaid.

It is submitted by learned counsel for the appellant that appellant

has been falsely implicated in the case. Mother of deceased namely

Sheela Bai did not allege anything against the appellant in her statement Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 09-08-2023 10:19:19 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

recorded during investigation, however, during Court statement she

improved her version and also made allegation against the appellant that

he along with co-accused has committed murder of his son. During trial,

appellant remained in custody for 1 year 7 months and 18 days and

thereafter from the date of judgment i.e. 2.11.2019 he is in custody, thus

he has already suffered incarceration of more than 5 years and 4 months.

He has a good case on merits. Final hearing of the appeal will take time.

On such premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the application and prayed

for its rejection.

Considering the facts and circumstances of the case, but without

commenting anything on the merits of the case, IA.No.13861/2023 is

allowed and it is directed that jail sentence of appellant - Hari Singh

Ahirwar will remain under suspension subject to verification that the

amount of fine has been deposited, on appellant's furnishing bail bond of

Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of

the like amount to the satisfaction of concerned Trial Court for his Signature Not Verified appearance before the Principal Registrar of this Court on 18th December, Signed by: MADHU SOODAN PRASAD Signing time: 09-08-2023 10:19:19 AM

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

2023 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.

                             (Rohit Arya)                     (Deepak Kumar Agarwal)
                                Judge                                    Judge
             ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 09-08-2023
10:19:19 AM