Ashok vs The State Of Madhya Pradesh
2023 Latest Caselaw 1998 MP

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                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                   CRA No. 5887 of 2021
                                                        (ASHOK AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                                    Dated : 03-02-2023
                                           Shri Sharad Verma -Advocate for the appellants.

                                           Ms. Seema Sahu - Panel Lawyer for the respondent/State.

Record of the Court below has been received. Heard on the question of admission.

Admit.

Also heard on I.A. No.17877/2021, which is first application filed on behalf of the appellant No.2-Rakesh @ Nandkishor Ahirwar and appellant No.3- Dayaldas Ahirwar for suspension of sentence and grant of bail.

The appellants have been convicted by the trial Court under Section 307 of IPC and sentenced to R.I. for 10 years each with fine of Rs.1000/- each with default stipulation.

Learned counsel for the appellants has been erroneously convicted. The trial Court has not properly appreciated the oral and documentary evidence available on

record. It is alleged by the complainant and other witnesses that appellants along

with one Ashok have been sustained several injuries to the injured-Bittu by using lathi. Doctor found fracture on the head of the injured-Bittu. He further submits that during the trial appellants were on bail and they did not misuse the liberty granted to them. Appellants are in jail from the date of the judgment i.e. 21.09.2021. Disposal of this appeal would take considerable time, therefore, the custodial sentence of the appellants may be suspended and they may be Signature Not Verified SAN

released on bail.

Digitally signed by NITESH PANDEY

Learned Panel Lawyer has opposed the prayer for bail. Date: 2023.02.03 17:40:37 IST

Looking to the role attributed to the appellants as well as custody period of the appellants, without commenting on the merits of the case, I deem it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, 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.40,000/- (Rupees Forty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned, the custodial sentence of appellant No.2-Rakesh @ Nandkishor Ahirwar and appellant No.3-Dayaldas Ahirwar shall remain suspended and they shall be released on bail for securing their presence before

the trial Court on 20.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

The appellant Nos.2-Rakesh @ Nandkishor Ahirwar and appellant No.3- Dayaldas Ahirwar shall regularly appear before the trial Court, on each and every date, without fail.

List this matter for final hearing in due course.

(SMT. ANJULI PALO) JUDGE

Nitesh

Signature Not Verified SAN

Digitally signed by NITESH PANDEY Date: 2023.02.03 17:40:37 IST