Bharat Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 16376 MP

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                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 415 of 2020
                                            (BHARAT AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 05-10-2023
                                 Shri K.K.Gautam - Advocate for the appellant.

                                 Shri Ashok Sinha - Government Advocate for the respondent/State.

Heard on IA No.15703/2023, which is the fourth application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved o n behalf of sole appellant. His first and second applications have been

dismissed as withdrawn. Third application was filed on the ground of completing half of the sentence, however, the same was also rejected vide order dated 24.02.2022.

Appellant stood convicted under Section 306 of IPC and sentenced to suffer R.I. for ten years with fine of Rs.1000/- with default stipulations vide judgment of conviction and order of sentence dated 11.12.2019 passed by ASJ, Lavkush Nagar, District Chhatarpur in S.T.No.126/2017.

This time the sole ground taken by the appellant is that now the appellant has completed six years and three months of the sentence. It is further

submitted that appeal is of the year 2020 and there is no likelihood of appeal being taken up for final hearing. Under such circumstances, application of appellant for suspension of sentence and grant of bail may be considered. Therefore, his sentence be suspended.

Learned counsel for the State has opposed the application. Upon hearing learned counsel for the parties, however, without touching merits of the matter but regard being had to the fact that present appellant has already suffered about six years and three months incarceration which is Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/6/2023 6:07:54 PM

reflected from jail report dated 17.08.2023 and that the appeal is of the year 2020 and there is no likelihood of early hearing of the appeal in near future, in the obtaining facts and circumstances, appellant is held entitled for suspension of jail sentence and grant of bail.

Accordingly, IA No.15703/2023 stands allowed and it is directed that the jail sentence of appellant-Bharat Ahirwar shall remained suspended and he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court subject to verification of factum regarding deposit of fine amount. Appellant is directed to appear before the trial Court

first on 18.12.2023 and on other subsequent dates as may be fixed in this behalf.

Accordingly, I.A.No.15703/2023 stands allowed and disposed of.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 10/6/2023 6:07:54 PM