Gudda @ Kishanlal Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 11042 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                      CRA No. 8063 of 2023
                                      (GUDDA @ KISHANLAL AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 17-07-2023
                                Shri Devansh Mishra, learned counsel for the appellant.

                                Shri R. K. Awasthi, learned counsel for the respondent- State.

Heard on IA No. 11318 of 2023, which is an application under Section 5 of the Limitation Act for condonation of delay in filing this appeal.

IA is allowed for the reasons mentioned therein. Delay in filing the criminal appeal is hereby condoned.

Also heard on admission.

Let record of the trial Court be called for. Appeal appears to be arguable, is admitted for final hearing. Further heard on IA.No.11544 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 Gudda alias Kishanlal.

Vide judgment dated 29-08-2022 passed by First Additional Sessions Judge, Ganj Basoda, District Vidisha in ST No. 200035 of 2016, the appellant has been convicted under Sections 307, 323 of IPC and sentenced to undergo

ten years RI with fine of Rs.20,000/- and three months RI respectively. Both the sentences have been directed to run concurrently.

It is submitted by learned counsel for the appellant that the appellant was on bail during trial and he did not misuse the liberty so granted to him. The fine amount has already been deposited. During trial, the appellant was in custody since 19-12-2015 till 03-06-2016 and from the date of passing of impugned judgment, he is in custody and he has already served near about 16 months of Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM

jail sentence. This appeal is of year 2013 and its final outcome will take some time. Hence, prayed for suspension of jail sentence and grant of bail.

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

Considering the facts and circumstances of the case, but without expressing any opinion on the merits of the case, IA is allowed and it is directed that jail sentence of aforesaid appellant will remain under suspension subject to verification that amount of fine has been deposited, on appellant's furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent surety of like amount to the satisfaction of concerned Trial

Court for appearance before the Principal Registrar of this Court on 21st December, 2023 and on such further dates as may be fixed by the office in this regard till disposal of the appeal.

List for final hearing in usual course along with record. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

MKB

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 7/18/2023 1:39:13 PM