Hardayal @ Dullu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 21807 MP

Citation : 2023 Latest Caselaw 21807 MP
Judgement Date : 19 December, 2023

Madhya Pradesh High Court

Hardayal @ Dullu Ahirwar vs The State Of Madhya Pradesh on 19 December, 2023

Author: Anuradha Shukla

Bench: Anuradha Shukla

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRR No. 3989 of 2023 (HARDAYAL @ DULLU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 19-12-2023 Shri B. P. Yadav - Advocate for applicant.

Ms. Shipra Gupta - Panel Lawyer for State.

Record of the Courts below has been received. Heard on admission.

This revision seems to be arguable is admitted for final hearing.

Also heard on I.A. No.21066/2023,which is first application filed on behalf of the applicant for suspension of sentence and grant of bail.

The applicant has been convicted by the trial Court under Section 325 of IPC and sentenced to undergo R.I. for 01 year with fine of Rs.1000/-, with default stipulation.

Learned counsel for the applicant has submitted that the both the Courts b elo w have not properly appreciated the oral and documentary evidence available on record and committed error in convicting the applicants for the aforesaid offence. The maximum sentence awarded to the applicant is of one

year. The applicant is in custody and disposal of this case would take considerable time, therefore, custodial sentence of the applicant may be suspended and he may be released on bail.

Learned counsel for the State has opposed the application. Having considered the submissions and on perusal of the record, this Court is of the considered opinion that till disposal of this revision, execution of jail sentence awarded to the applicant under the impugned judgment deserves to be suspended. Therefore, without commenting on the merit of the case, this

application is allowed.

I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of applicant shall remain suspended and he shall be released on bail for securing his presence before the trial Court concerned on 22.02.2024 and on such other dates as may be fixed in this regard during pendency of this revision, without fail.

List for final hearing in due course.

(ANURADHA SHUKLA) JUDGE