Shivraj Singh Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 17269 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                       CRA No. 12579 of 2023
                                     (SHIVRAJ SINGH AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                           Dated : 16-10-2023
                                  Shri Rishikesh Bohare- Advocate for the appellants.

                                  Shri Atul Sharma- Public Prosecutor for respondent/State.

Heard on the question of admission.

Being arguable, the appeal is admitted for final hearing. I.A.No.19447/2023, an application for taking documents on record is taken up, considered and allowed for the reasons mentioned therein.

Heard on IA No.18361/2023, first application under Section 389(1) Cr.P.C. moved on behalf of the appellants seeking suspension of sentence and grant of bail.

Appellant No.1 Shivraj Singh stands convicted under Sections 326 and 323/34 of IPC (two counts) and sentenced to undergo three years' RI with fine of Rs.1000/-, six-six months' RI respectively and appellant Nos. 2 to 4 stand convicted under Section 323/34 (two counts) each of IPC and sentenced to undergo six-six months' RI each with default stipulations vid e judgment of conviction and sentence dated 14.09.2023 passed by First Additional Sessions

Judge, District Guna (M.P.) in ST No.294 of 2019.

Learned Counsel for appellants submits that the impugned judgment passed by learned Trial Court is based on assumption, conjecture and surmises. The learned Trial Court has committed an error in convicting and sentencing the present appellants without appreciating the prosecution evidence properly. There are material contractions and omissions in the evidence of witnesses. The appellants were on bail during trial and they did not misuse the liberty so Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 17-10-2023 10:13:22 AM

granted to them. Fine amount has already been deposited by the appellants. The jail sentence of appellants was already suspended by learned Trial Court, under Section 389(3) of the Cr.P.C. There is no likelihood of hearing of appeal in n e a r future. On these grounds, learned Counsel prays that execution of remaining jail sentence of appellants may be suspended and they may be enlarged on bail.

Per contra, learned Counsel for respondent State opposed the application and prayed for its rejection.

Upon hearing learned Counsel for the parties but without commenting upon rival contentions touching merits of the case, this Court is of the view that

application deserves to be allowed. It is, accordingly directed that execution of remaining jail sentence of appellants shall remain suspended during pendency of this appeal and they shall be enlarged on bail subject to furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of Trial Court and also subject to deposit of the fine amount (if not already deposited) for their appearance before the Registry of this Court on 01.12.2023 and on further dates as may be directed by the Registry in that regard.

Accordingly, I.A. No.18361/2023 stands allowed and disposed of. List the matter for final hearing in due course. Certified copy as per rules

(SANJEEV S KALGAONKAR) JUDGE

Avi

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 17-10-2023 10:13:22 AM

Signature Not Verified Signed by: AVINASH BHARGAV Signing time: 17-10-2023 10:13:22 AM