Rajkumar Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 7942 MP

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            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 : 12-05-2023
       Shri Avadhesh Parashar, learned counsel for appellant No. 4 Chaturbhuj

Ahirwar.
      Shri Sushant Tiwari, learned Public Prosccutor for respondent- State.

Shri Amit Rawat, learned counsel for complainant. Heard on IA 6788 of 2023 first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant No.4

Chathurbhuj Ahirwar.

Vide judgment dated 20-07-2022 passed by Trial Court in Sessions Trial No.46 of 2012, the aforesaid 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 stipulation.

I t is submitted by Ms.Sharma, learned counsel that although there is allegation of presence of appellant on the spot armed with lathi but no overt act

is attributed against him for causing any injury either to deceased or injured and there is only omnibus allegation against him. Case of appellant also identical to that of co-convicted accused appellant Rajkumar Ahirwar and Pradip Ahirwar, whose jail sentence have already been suspended by this Court. There is no specific allegation against him of causing any injury to the deceased by which the deceased died.

It is submitted by Shri Parashar, learned counsel that although there is

allegation against appellant that he was present on the spot by mean of lathi was seized by police from his possession. This appeal is of year 2022. Appellant has a good case on merits and final hearing of the appeal will take some time. Under these circumstances, execution of remaining jail sentence be suspended and the they be released on bail.

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

Looking to the aforesaid facts and circumstances of the case, the aforesaid IA No.6788/2023 stand allowed and closed. It is directed that appellant be released on bail on depositing entire fine amount, if not already

deposited by him and on 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 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.

Cc as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE

mani

SUBASR Digitally signed by SUBASRI MANI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=4b80d075e6ee8e3334ea900daffef9485239056 2efcaf7cdb4d94b8fc0be1414,

I MANI pseudonym=E7C0C70D17E5C27BC949540C564953CAC 4239A94, serialNumber=CA216CA75EF9E38C3785C8BBE6486F70 03C0B639E6EA08F81ACF600889A329F3, cn=SUBASRI MANI Date: 2023.05.12 19:31:38 -07'00'