Rajkumar Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 3721 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 : 02-03-2023
                                  Shri Avadhesh Parashar, learned counsel for the appellants.

                                  Shri Pramod Pachauri, learned Public Prosecutor for the respondent-

State.

Heard on IA No. 16584 of 2022, 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.6 Jitendra alias Jitu 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 although there is allegation of presence of the present appellant on the spot armed with

lathi but no overt act is attributed against the present appellant for causing any injury either to deceased or any injured. During trial, the present appellant was in custody from 20-11-2011 to 19-03-2012 i.e. near about 03 month 28 days. 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.

Learned counsel for the State opposed the application and prayed for its Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 3/3/2023 6:42:41 PM

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 17th July, 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: 3/3/2023 6:42:41 PM