Manish Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 18152 MP

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 8429 of 2023 (MANISH AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 31-10-2023 Shri Neeraj Jain - Advocate for the appellant.

Shri Satish Pateriya - Panel Lawyer for the State.

Heard on I.A.No.25466/2023 which is second application under Section 389 (1) CrPC for suspension of custodial sentence of the appellant Manish Ahirwar. First application has been dismissed as withdrawn vide order dated

23.08.2023.

Appellant has been convicted under Section 147, 148 and 327/149 of IPC and sentenced to undergo RI for six months, RI for 1 year and RI for 5 years with fine Rs.3000/- for respective offences with default stipulation vide impugned judgment dated 26.06.2023 passed in ST No.429/13 by Second Additional Sessions Judge to the Court of First Additional Sessions Judge, District Bhopal.

It is submitted by the counsel for the appellant that the appellant is in jail since 26.06.2023. It is further submitted that appeal is of the year 2023 and there

is no likelihood of appeal being taken up for final hearing. Under such circumstances, sentenced of the appellant may be suspended.

Learned counsel appearing for the State has supported the impugned judgment and opposed the application for suspension of sentence.

Considering overall facts and circumstances of the case; period of custody as well as the fact that appeal is of the year 2023 and there is no likelihood of early hearing of the appeal in near future but without commenting on merits of the case, I.A.No.25466/2023 is allowed. Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/1/2023 3:35:41 PM

It is directed that on deposit of entire fine amount (if not already deposited) and on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent 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 all subsequent dates as may be fixed by the trial Court in that regard, the execution of substantial jail sentence imposed on appellant shall remain suspended, till final disposal of this appeal.

Let the appeal be listed for final hearing in due course.

(ROOPESH CHANDRA VARSHNEY) JUDGE

anand

Signature Not Verified Signed by: ANAND KRISHNA SEN Signing time: 11/1/2023 3:35:41 PM