Hargovind Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7607 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                        CRA No. 6289 of 2023
                                      (HARGOVIND AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                            Dated : 09-05-2023
                                  Shri Brajesh Kumar Sharma, learned counsel for the appellants.

                                  Shri Pramod Pachori, learned Public Prosecutor for the State.
                                  Heard on admission.
                                  Admit.
                                  Heard on I.A. No.8332/2023, under Section 389(1) of Code of Criminal
                            Procedure for suspension of sentence and grant of bail filed on behalf of

                            appellants.
                                  Vide judgment dated      28-04-2023 passed by 1st Additional Sessions
                            Judge, Datiya in Sessions Trial No.131 of 2022 the appellants stand convicted
                            under Sections 325/34 and 326/34 of the I.P.C. and have been sentenced to
                            undergo R.I. for a period of on year and three years with maximum fine in the
                            sum of Rs.1,000/- respectively with default stipulation.
                                  Learned counsel for the appellants submits that the appellants have been
                            released by the trial Court under Section 389 (3) of the Code of Criminal
                            Procedure till 27.05.2023; therefore, it has been prayed that the jail sentence of

                            the appellants be suspended.
                                  Learned Public Prosecutor for the respondent/State on the other hand

has opposed the application.

However, keeping in view the fact that the appellants have already been released by the trial Court under Section 389 (3) of the Cr.P.C.; therefore, in the opinion of this Court, it would be appropriate to suspend them.

Consequently, I.A. No.8332/2023, for suspension of sentence and grant Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/10/2023 9:50:03 AM

o f bail under Section 389 (1) of the Cr.P.C. filed on behalf of appellants is allowed.

It is directed that on depositing the fine amount, if not already deposited; and furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety each of the like amount to the satisfaction of concerned Trial Court for their appearance before the Principal Registrar of this Court on 20th November, 2023 and on such further dates as may be fixed by the Office in this regard, sentence of imprisonment awarded to them shall remain suspended till disposal of this appeal and they shall be released on bail.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 5/10/2023 9:50:03 AM