Madhya Pradesh High Court
Rajaram Ahirwar vs The State Of Madhya Pradesh on 13 October, 2023
Author: Roopesh Chandra Varshney
1
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 : 13-10-2023
Shri Anoop Kumar Saxena - Advocate for the appellant No.1.
Shri Aditya Choubey - Government Advocate for the respondent/State.
Heard on I.A. No.21646 of 2023, which is the first application under
Section 389(1) of Cr.P.C. for suspension of the custodial sentence passed
against appellant No.1 Rajaram Ahirwar.
This appeal has been preferred against the judgment dated 19/12/2022
passed by Additional Sessions Judge, Lavkushnagar, District Chhatarpur in
Special Sessions Trial No.54/2017, whereby learned Additional Sessions Judge
found appellant No.1 guilty for the offence punishable under Sections 307 read
with Section 34 and 323 read with Section 34 of the IPC and sentenced him 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/- respectively with default stipulation.
Learned counsel for the appellant No.1 submitted that the trial Court
without appreciating the evidence properly, wrongly convicted the appellant
No.1 for the aforesaid offences. The jail sentence of appellant Nos. 3 & 4 and
appellant No.1 against whom the allegations are similar in nature have already
been suspended by this Court vide orders dated 11/05/2023 and 23/08/2023, so
on the ground of parity also the appellant No.1 is entitled to get the jail sentence
suspended. The appellant No.1 is in custody since the date of judgment i.e.
19/12/2022. Hence prayed for suspension of the jail sentence and release of the
appellant No.1 on bail since the hearing of this appeal will take time.
On the other hand, learned counsel for the State opposed the prayer and
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 13-10-2023
17:13:50
submitted that the guilt of the appellant No.1 is proved beyond reasonable
doubt, therefore, learned trial Court has rightly convicted and sentenced the
appellant No.1. It is prayed that the application be dismissed.
Looking to the facts and circumstances of the case and the fact that the
jail sentence of appellant Nos. 3 & 4 and appellant No.1 against whom the
allegations are similar in nature have already been suspended by this Court vide
orders dated 11/05/2023 and 23/08/2023, so maintaining the parity and also the
fact that the appellant is in custody since the date of judgment i.e. 19/12/2022,
without commenting on the merits of the case, application is allowed and it is
directed that the execution of the jail sentence alone passed against appellant
No.1 Rajaram Ahirwar shall remain suspended during the pendency of this
appeal and he be released on bail upon his depositing fine amount, if already
not deposited and on furnishing personal bond in the sum of Rs.50,000/- (Rs.
Fifty Thousand only) with one surety in the like amount to the satisfaction of the
trial Court for his appearance before the trial Court on 18/12/2023 and on such
further dates as may be fixed in this behalf during the pendency of this appeal.
List for final hearing in due course.
Certified copy as per rules.
(ROOPESH CHANDRA VARSHNEY)
JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 13-10-2023
17:13:50
