Pappu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 20273 MP

Madhya Pradesh High Court

Pappu Ahirwar vs The State Of Madhya Pradesh on 1 December, 2023

Author: Roopesh Chandra Varshney

Bench: Roopesh Chandra Varshney

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8672 of 2022 (PAPPU AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

Dated : 01-12-2023 Shri Riyaz Mohammad - Advocate for the appellant.

Ms. Shakti Tripathi - Panel Lawyer for the State.

Heard on admission.

Appeal seems to be arguable, hence, admitted for hearing. Also heard on IA No.18182/2022, which is first application under

Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of appellant No.2 - Sunita Ahirwar.

Appellant has been convicted under Section 325/34, 307/34 and 506-II IPC and sentenced as mentioned in the impugned judgment dated 13.09.2022 passed in ST No.59/2021 by ASJ, Bairasiya, District Bhopal.

It is submitted by the counsel for the appellant that the appellant has been falsely implicated in the case. She is in jail for about 19 months. There is a counter case which is pending consideration. It is further submitted that appeal is of the year 2022 and there is no likelihood of appeal being taken up for final

hearing. Under such circumstances, sentence of the appellant may be suspended.

Learned counsel for the State has opposed the application. Considering overall facts and circumstances of the case and the fact that appeal is of the year 2022 and there is no likelihood of early hearing of the appeal in near future, however, without touching merits of the matter, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.18182/2022 stands allowed and it is directed that

the jail sentence of appellant shall remained suspended and he be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court first on 02.01.2024 and on other subsequent dates as may be fixed in this behalf.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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