Nathhu Ahirwar vs The State Of Madhya Pradesh
2023 Latest Caselaw 15283 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                            CRA No. 1931 of 2013
                  (NATHHU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

Dated : 15-09-2023
        Shri Shishir Verma - Advocate for the appellant.

        Shri Pramod Thakre - Public Prosecutor for the respondent/State.

I.A. No.17902 of 2023:

This is an application seeking for suspension of sentence and grant of bail.

The accused has been convicted for the offences punishable under Section 302 of the IPC and under Sections 25 (1-B)(A) and 27(1) of the Arms Act and sentenced to R.I. for Life and fine of Rs.5,000/-, R.I. for 1 year and fine of Rs.1,000/- and R.I. for 3 years and fine of Rs.1,000/- respectively with default stipulations as mentioned in the impugned judgment.

The only contention urged by the learned counsel for the accused is that he has been in custody for a period of 12 years. The said period of the custody is not disputed by the learned Public Prosecutor. However, it is contended that the accused is not entitled to be released on bail.

On considering the contentions, we are of the view that the accused is entitled to be released on bail. Keeping in mind the facts and circumstances involved in the present case, we do not find that any of the exceptions that have been 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) would be applicable herein. Hence, in view of the period of custody, the accused is entitled to be released on bail. Consequently, I.A. No.17902 of 2023 is allowed.

Appellant - Nathhu Ahirwar, S/o Lotan Ahirwar is directed to be enlarged on bail subject to he depositing the fine amount and on 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 19.12.2023 and thereafter on such other subsequent dates as may be fixed in that behalf.

                   (RAVI MALIMATH)                                     (NANDITA DUBEY)
                     CHIEF JUSTICE                                         JUDGE
    psm
Digitally signed
by PREM
SHANKAR
MISHRA
Date: 2023.09.15
05:22:17 -07'00'