Rajkumar Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 10743 MP

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     CRA No. 7120 of 2022
                                     (RAJKUMAR AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-07-2023
                                Shri Rajmani Bansal and Shri Avadhesh Parashar, learned counsel for

                          the appellants.
                                Shri Sushant Tiwari, learned counsel for the respondent- State.

Shri Amit Rawat, learned counsel for the complainant. Heard on IA No. 10226 of 2023 which is the first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf

of appellant No. 2 Vinod Ahirwar.

Vide judgment dated 20-07-2022 passed by Trial Court in Sessions Trial No. 46 of 2012, the present appellant has been convicted under Section 304 Part II of IPC and sentenced to undergo 10 years RI with fine of Rs.1,000/-, sentenced to three years RI with fine of Rs. 500/- for offence under Section 325 of IPC and sentenced to six months RI with fine of Rs. 500/- for offence under Section 148 of IPC with default stipulations.

It is submitted by learned counsel for the present appellant that there is allegation of presence of the present appellant is of causing injury to deceased

Jagdish. During trial, the present appellant was in custody from 18-11-2011 to 14-05-2012 i.e. near about 05 month 26 days and from the date of passing of impugned judgment, he is in custody i.e. near about 17 months he has already served the jail sentence. Fine amount has already been deposited by him. This appeal is of the year 2022. He has a good case on merits and final hearing of the appeal will take some time. Under these circumstances, the execution of sentence be suspended and the appellant be released on bail. Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM

Learned counsel for the State as well as complainant opposed the application and prayed for its rejection.

Looking to the aforesaid facts and circumstances of the case, without expressing any opinion on the merits of the case, IA is allowed and it is directed that the present appellant shall be released on bail on depositing entire fine amount, if not already deposited, and furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of concerned Trial Court for his appearance before the Principal Registrar of this Court on 18th December, 2023 and on such further dates as may be fixed by the office in this regard.

C.C. as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/13/2023 10:51:03 AM