Manish Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17160 MP

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                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                      CRA No. 12723 of 2023
                                             (MANISH AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 13-10-2023
                                 Shri Shubham Bharadwaj - Advocate for appellant.

                                 Shri Akhilendra Singh - Government Advocate for respondent/State.

Heard on the question of admission.

Admit.

Let record of court below be called for.

Also heard o n I.A. No.23867/2023, this is the first application for suspension of sentence and grant of bail filed under Section 389(1) of Cr.P.C. on behalf of appellant-Manish Ahirwar.

The appellant has been convicted vide judgment dated 16/08/2023 passed by First Additional Sessions Judge, Damoh in S.T. No. 278/2022 for commission of offence punishable under Section 366 of IPC and sentenced to undergo R I for 3 years and to pay fine o f Rs.2,000/- with usual default stipulations.

Learned counsel for the appellant submits that the trial Court has not

properly appreciated the evidence in its proper perspective and committed grave error in convicting the appellant for aforesaid offence. Custodial sentence of appellant has already been suspended by trial Court since till 16/10/2023. There are fair chances of success of this appeal and final hearing of same will take considerable time, therefore, if remaining custodial sentence has not been suspended, then the appeal filed by appellant may turn infructuous. Under these circumstances, learned counsel for appellant prays for suspension of jail sentence and release of the appellant on bail till the final disposal of the appeal. Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM

O n the other hand, learned Government Advocate for the respondent/State has opposed the prayer and prayed for dismissal of the above application.

Looking to the facts and circumstances of the case, contention of learned counsel for the appellant, the short sentence of the appellant and the fact that the custodial sentence of appellant has already been suspended by trial Court since 16/10/2023 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 remaining jail sentence passed against appellant-Manish Ahirwar shall remain suspended during the pendency of this appeal and they be released on bail

subject to depositing fine amount, if already not deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one separate surety in like amount to the satisfaction of the trial Court for his appearance before the trial Court on 20/12/2023 and on such further dates as may be fixed by trial Court it in this regard during the pendency of this appeal.

List the matter for final hearing in due course. Certified copy as per rules.

(ROOPESH CHANDRA VARSHNEY) JUDGE

skt

Signature Not Verified Signed by: SANTOSH KUMAR TIWARI Signing time: 13-Oct-23 5:18:29 PM