Ankit Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 72 MP

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                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                             CRA No. 11917 of 2022
                                                    (ANKIT AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-01-2023
                                   Mr. Ashok Kumar Gupta - learned counsel for the appellant.

                                   Mr. Purushottam Soni - learned Panel Lawyer for the respondent/State.

Heard on I.A. No. 23963 of 2022, which is an application filed by the appellant under Section 389 (1) of the Cr.P.C. seeking suspension of sentence and grant of bail.

The appellant has been convicted by the impugned judgment passed by the trial Court for

offences punishable under Sections 420/34 and 468 of the Indian Penal Code and sentenced to undergo R.I. for 3 years with fine of Rs.2,000/- for each offence with default stipulation.

Learned counsel for the appellant submits that the trial Court has not appreciated the evidence on record in proper perspective and hence arrived at erroneous findings. There are material contradiction and omission in the testimonies of the witnesses. It is submitted that the trail Court has already suspended the sentence of the appellant till 05.01.2023 and the final disposal of this appeal would take considerable time, therefore, the jail sentence of the appellant may be suspended and he may be released on bail.

Learned Panel Lawyer for the State has opposed the application for suspension of sentence and grant of bail.

I have heard learned counsel for the parties and perused the record. The main allegations regarding receiving of amount in question are not against the present appellant. Hence, considering the nature of offence, period of sentence and the fact that the trial Court has suspended the sentence of the appellant till 05.01.2023 coupled with the fact that final disposal of this appeal would take considerable time, without commenting on merits of the case, I deem it appropriate to suspend the jail sentence of the appellant - Ankit Ahirwar and to release him on Signature Not Verified SAN bail. Therefore, without commenting on the merits of the case, this application is allowed.

Digitally signed by KOUSHALENDRA It is directed that execution of remaining jail sentence of the appellant - Ankit Ahirwar SHARAN SHUKLA Date: 2023.01.03 11:24:39 IST

shall remain suspended and he shall be released on bail on his furnishing a personal bond in a sum

of Rs.40,000/- (Rupees Forty Thousand only) with a surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the concerned trial Court on 03.07.2023 and on such other dates as may be fixed in this regard during pendency of this appeal.

Let the record of the Courts below be requisitioned. List the case for orders on admission after three months.

(SMT. ANJULI PALO) JUDGE

ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.01.03 11:24:39 IST