Madhya Pradesh High Court
Nathuram Ahirwar vs The State Of Madhya Pradesh on 3 February, 2023
Author: Anil Verma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 12388 of 2022
(NATHURAM AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 03-02-2023
Shri L. C. Patne - Advocate for the appellant.
Shri Hemant Sharma - GA for respondent/State.
Record of the trial Court has been received.
Heard on admission.
The appeal is admitted for final hearing.
Also heard on IA No.16587 of 2022, which is an application under
Section 389(1) of Cr.P.C. on behalf of the appellant-Nathuram Ahirwar for
grant of bail and suspension of remaining jail sentence.
Appellant has been convicted for the offence under Section 409 (3
counts) and Section 409/120-B(1) of IPC and sentenced to 7 years R.I. with
fine of Rs.5,000/- and 7 years R.I. with fine of Rs.5,000/-, with usual default
stipulation.
Learned counsel for the appellant contended that the appellant is innocent
and he has been falsely implicated in the aforesaid offence. He was working on
the post of Chief Executive Officer in Janpad Panchayat Khategaon. Appellant
has not been confronted with the adverse circumstances/evidence by the trial
Court during the course of his examination under Section 313 of Cr.P.C.
Appellant was exonerated from the DE vide order dated 29.9.2021 passed by
the Commissioner, Ujjain. There is no evidence available on record that
appellant has withdrawn the amount in question. Appellant himself has
Signature Notdeposited
Verified a sum of Rs.7.50 Lakhs. Prosecution has failed to prove the cash
Signed by: BHUVNESHWAR
DATT JOSHI
book, alleged Cheques and other documents for the aforesaid transaction. All
Signing time: 06-Feb-23
2:22:23 PM
these important documents were not exhibited during the examination of the
prosecution witnesses. Appellant was remained on bail during trial. He is a 64
years old and retired government officer. Hence he prays for grant of bail and
suspension of remaining jail sentence of the appellant. Counsel for the appellant
has also placed reliance upon the judgment of the Hon'ble Supreme Court in the
case of Kalicharan and others Vs. State of U.P. reported in 2022 SCC
OnLine 1718.
Per contra, learned GA for the respondent/State opposes the application
for suspension of sentence and prays for its rejection.
After considering the facts and circumstances of the case, submissions
made by learned counsel for both the parties, nature and gravity of the allegation
against the appellant and also taking note of the fact that appellant was remained
on bail during the trial and he did not misuse the liberty given to him, appellant
is a 64 years old retired government servant, therefore, there is no apprehension
of his fleeing away from the court of justice and that final conclusion of this
appeal will take a long sufficient time, I deem it proper to suspend the remaining
jail sentence of the appellant.
Accordingly, IA No.16587 of 2022 is allowed and the execution of
remaining jail sentence of the appellant-Nathuram Ahirwar is hereby suspended
till the final disposal of this appeal and it is ordered that the appellant be
released on bail on his depositing the fine amount, if not already deposited, and
upon furnishing a personal bond for a sum of Rs.75,000/- with one solvent
surety of the like amount to the satisfaction of the trial Court, with a further
direction to appear before the Registry of this Court on 4.5.2023 and on such
Signature Not Verified
other dates, as may be fixed by the Registry of this Court in this regard during
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 06-Feb-23
2:22:23 PM
the pendency of this appeal.
Registry is directed to list the appeal for final hearing in due course.
C.C. as per rules.
(ANIL VERMA)
JUDGE
Signature Not Verified
Signed by: BHUVNESHWAR
DATT JOSHI
Signing time: 06-Feb-23
2:22:23 PM
