Rajaram Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7753 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                      CRA No. 12611 of 2022
                                      (RAJARAM AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 11-05-2023
                                Shri Anoop Kumar Saxena - Advocate for the appellants.

                                Shri Ravindra Shukla - Panel Lawyer for the respondent/State.

Heard on the question of admission.

Appeal seems to be arguable, hence it is admitted for final hearing. Also heard on I.A.No.5133/2023, which is an application under Section

389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant No.3 Ramu @ Rammu @ Ramlal as well as I.A.No.25365/2022, which is an application under Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed against appellant No.4 Parsu @ Parasram Ahirwar and release them on bail.

The appellants have been convicted under Sections 307 r/w 34 & 323 r/w 34 of the IPC and sentenced each of them to undergo R.I. for seven years with fine of Rs.5,000/- and R.I. for three months with fine of Rs.1,000/- with default clause respectively.

Learned counsel for the appellants submitted that the appellants No.3 & 4 were on bail during trial and they never misused the liberty granted to them by the trial court. Appellants are facing trial since year 2017 and they are in custody since the date of judgment i.e., 19.12.2022. It is further submitted that in counter case, the complainant's jail sentence has been suspended. Hence, prayed for suspension of the jail sentence and release of the appellants on bail since the hearing of this appeal will take time.

Learned counsel for the State opposed the prayer and submitted that the Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/12/2023 5:36:39 PM

guilt of the appellants is proved beyond reasonable doubt, so the learned trial Court did not commit any mistake in finding the appellants guilty for the aforesaid offences. Hence, prayed for dismissal of the application for suspension of sentence.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellants and the fact that appellants are facing trial since year 2017 and they are in jail since the date of judgment i.e.,19.12.2022 and according to listing policy the hearing of this appeal will take time, the application is allowed and it is directed that the execution of the jail sentence passed against the appellants No.3 & 4 shall remain suspended during the

pendency of this appeal and they be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) each with one surety each in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 06/10/2023 and on such further dates as may be fixed in this behalf by it during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy on payment of usual charges.

(ROOPESH CHANDRA VARSHNEY) JUDGE

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Signature Not Verified Signed by: MONIKA CHOURASIA Signing time: 5/12/2023 5:36:39 PM