Ram Babu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17030 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                       CRA No. 1773 of 2015
                                            (RAM BABU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 12-10-2023
                                 Shri Shishir Verma - Advocate for appellant.

                                 Shri Anubhav Jain - Public Prosecutor for respondent/State.

Heard on I.A. No.5423 of 2022:

2. This is the repeat application seeking for suspension of sentence and bail filed on behalf of appellant/accused Ram Babu Ahirwar, who has been

convicted under Section 302 of the IPC and sentenced to R.I. for Life and fine of Rs.1,000/-, with default stipulation vide judgment dated 13.05.2015 passed by the Sessions Judge, Sagar in Sessions Trial No.563 of 2013. The earlier application was dismissed on merits vide order dated 09.08.2019.

3. However, it is presently contended that the appellant has already undergone an actual custody of 10 years 1 month and 28 days. The said period is not disputed by the learned Public Prosecutor. However, it is contended that the bail should not be granted to the appellant.

4. Having considered the period of custody already undergone as well as the

manner in which the offence was committed, we are of the view that the appellant is entitled to be released on bail. The manner in which the offence has been committed does not fall within the exceptions as carved out by the Hon'ble Supreme Court vide order dated 05.10.2021 passed in SLP (Criminal) No.4633 of 2021 (Saudan Singh vs. The State of U.P. and others). Hence, purely on the ground of he having been in custody for a period of more than 10 years in jail, we deem it just and necessary to enlarge him on bail on that ground. Consequently, the application (I.A. No.5423 of 2022) filed by Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 10/13/2023 10:45:21 AM

accused/appellant is allowed.

5. Accused/appellant - Ram Babu Ahirwar is directed to be enlarged on bail subject to deposit of the fine amount and on he 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 the trial Court for his appearance before the trial Court/concerned Court on 04.01.2024 and thereafter on such other subsequent dates as may be fixed in that behalf.

                                 (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                   CHIEF JUSTICE                                            JUDGE

                           taj




Signature Not Verified
Signed by: TAJAMMUL
HUSSAIN KHAN
Signing time: 10/13/2023
10:45:21 AM