Preetam Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7142 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                     CRA No. 6001 of 2023
                                          (PREETAM AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                         Dated : 02-05-2023
                               Shri Aman Chourasia - Advocate for the appellant.

                               Shri Vinod Tiwari - P.L. for the respondent-State.

Heard on admission.

This appeal is admitted for hearing.

Record of the court below be requisitioned.

Heard on IA No. 9698/2023 for suspension of remaining jail sentence and grant of bail to appellant- Preetam Ahirwar arising out of judgment dated

20.04.2023 delivered in S.T. No. 161/2017 by VIII t h Additional Sessions Judge, Sagar, M.P.

T h e appellant has been convicted under Section 147 of IPC and sentenced to undergo RI for 1 year with fine of Rs.3,000/- and Section 436 R/w 149 (8 count) of IPC and sentenced to undergo R.I. for 3 years with fine of Rs.5,000/-, under Section 427 R/w 149 (7 count) and sentenced to undergo RI for 1 year (for every count) with fine of Rs. 1,000/- with default stipulations.

Learned counsel for the appellant submits that Trial Court has already suspended the sentence of appellant till 29.05.2023. Learned Trial Court without appreciating the evidence, convicted the appellant wrongly for the aforesaid offences. The final hearing of this appeal will take time, therefore the remaining jail sentence of the appellant be suspended.

The prayer is opposed by learned counsel for the State. Looking to the facts and circumstances of the case and the period of sentence awarded by the trial court and the fact that the sentence of appellant Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 5/3/2023 10:47:47 AM

has already been suspended by the Trial Court, I deem it proper to suspend the remaining jail sentence of the appellant.

Accordingly, aforesaid IA is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant- Preetam Ahirwar is hereby suspended and it is directed that the appellant be released on bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees thirty 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 concerning trial court, on 11 th September, 2023 and also on such other dates, as may be fixed by the trial

court in this regard during the pendency of this appeal.

C c as per rules.

List for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

Akm

Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 5/3/2023 10:47:47 AM