Raghuveer Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 1620 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                          CRA No. 1393 of 2023
                                             (RAGHUVEER AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 30-01-2023
                                    Shri L. C. Chourasiya- Advocate for the appellant.

                                    Shri Pradeep Dwivedi- Panel Lawyer for the respondent /State.

Call for trial Court record.

Heard on I.A.No.1871/2023, an application under Section 389(1) of Cr.P.C. for suspension of jail sentence and grant of bail to the appellant

pending the appeal.

T h e appellant has been convicted for commission of offence under Section 135(1)(A) of Electricity Act, 2003 and has been sentenced to undergo R.I. for 6 months and compensation of Rs.42,829/- by the learned Additional Sessions Judge, Special Court (Electricity Act 2003) No.2, Bhopal vide judgment dated 9.1.2023 passed in S.T. No.33/2020 (State of MP Vs. Raghuveer Ahirwar).

Learned counsel for the appellant has submitted that appellant has been released on bail till 8.2.2023 by the trial Court. During trial, he was on bail and

he has not misused the liberty granted to him by way of bail. Learned counsel further submitted that he has fair chance to succeed in appeal. There is no possibility of coming of this appeal for hearing in near future. Therefore, if the jail sentence is not suspended, the purpose of filing this appeal would become futile.

On the other hand, learned counsel for the respondent/State has opposed the prayer for grant of bail to the appellant.

Considering the short nature of sentence and contention of learned Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/1/2023 11:24:58 AM

counsel for the appellant, I deem it proper to suspend the remaining jail sentence of the appellant because final hearing of this appeal is not possible in near future.

Consequently, I.A.No.1871/2023 is allowed. The execution of jail sentence of appellant- Raghuveer Ahirwar is hereby suspended subject to depositing the full compensation amount of Rs.42,829/-. It is directed that the appellant be released on bail on his furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty 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 trial Court on 13.6.2023 and also on such other dates, as may be

fixed by that Court in this regard during the pendency of this appeal.

List the case for hearing on admission, immediately after receipt of trial Court record.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE

mrs. mishra

Signature Not Verified Signed by: DEEPA MISHRA Signing time: 2/1/2023 11:24:58 AM