Rajaram Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 13836 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                     CRA No. 12611 of 2022
                                     (RAJARAM AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 23-08-2023
                                Shri B.S. Patel - Advocate for the appellant.

                                Ms. Sunita Sud - Panel Lawyer for the respondent/State.

Heard on I.A. No. 12573/2023 an application under Sections 389(1) of the Cr.P.C. for suspension of remaining jail sentence and grant of bail to appellant No.2-Kalicharan Ahirwar arising out of judgment dated 19.12.2022

delivered in ST No. 54/2017 by Additional Sessions Judge, Lavkush Nagr District Chhatarpur.

T he appellant No.2 has been convicted under Section 307 read with Section 34 of IPC and sentenced to undergo R.I. for 7 years with fine of Rs.5,000/- and under Section 323 read with Section 34 of I.P.C. and sentenced to undergo R.I. for 3 months with fine of Rs. 1000/- with default stipulations.

Learned counsel for the appellants submits that co-accused have already been released on bail by Co-ordinate Bench of this Court vide order dated 11.05.2023. The case of appellant No. 2 is similar to the case of co-accused.

The final hearing of this appeal is not possible in near future. Thus, remaining jail sentence of appellant No.2 may be suspended and he be released on bail.

The prayer is opposed by learned Panel Lawyer. Taking into consideration that co-accused have already been released on bail by Co-ordinate Bench of this Court vide order dated 11.05.2023 and the case of appellant No. 2 is similar to the the case of co-accused, coupled with the fact that hearing of this appeal is not possible in near future and without expressing any opinion on merits, I deem it proper to suspend the remaining jail Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/24/2023 11:36:10 AM

sentence of the appellant. Accordingly, I.A No. 12573/2023 is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant No.2- Kalicharan Ahirwar is hereby suspended and it is directed that the appellant No. 2 be released on bail on her furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with one solvent surety of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial court Lavkush Nagar District Chhatarpur on 25.10.2023 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

R

Signature Not Verified Signed by: ROSHNI SINGH Signing time: 8/24/2023 11:36:10 AM