Madhya Pradesh High Court
Ghasiram Ahriwar vs The State Of Madhya Pradesh on 7 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 5075 of 2017
(GHASIRAM AHRIWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 07-02-2024
Shri Vikas Mahawar - Advocate for the appellant.
Shri Yogesh Dhande - Government Advocate for the respondent-State of
M.P.
Heard on I.A.No. 4 of 2024 which is third application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -
Ghasiram Ahirwar arising out of judgment dated 15.09.2017 delivered in
Session Trial No.276/2016 passed by 18th Additional Sessions Judge, Bhopal
District Bhopal.
His second application for suspension of sentence was dismissed as
withdrawn vide order dated 18.01.2023 with liberty to renew it after completion
of 8 years of actual sentence.
The appellant has been convicted under Section 302 of IPC and
sentenced to undergo R.I for Life with fine of Rs.1000/-, under Section 25(1-B)
(b) of Arms Act and sentenced to undergo R.I for 1 year with fine of Rs.500/-
and under Section 27 of Arms Act and sentenced to undergo R.I for 1 year
with fine of Rs.500/-, with default stipulations.
Learned counsel for the appellant while pressing the application for
suspension of sentence of the appellant submits that appellant has now
undergone eight years and three month of actual jail sentence. He submits while
referring to the prosecution story submits that as per prosecution version, the
appellant as well as the deceased are stated to have consumed liquor together
under influence of alcohol. There was a quarrel under influence of alcohol
which escalated into fight and the appellant is stated to have stabbed the
deceased with knife.
Learned counsel for the appellant further submits that the case is of
circumstantial evidence. No previous enmity has been proved between the
present appellant and the deceased. The prosecution version even if accepted in
entirety would not make out a case of culpable homicidal amounting to murder
and the appellant would be entitled to get benefit of fourth exception to Section
300 of IPC. There is no possibility of early hearing of this appeal in near future.
Thus, remaining jail sentence of the present appellant may be suspended.
The prayer is opposed by learned Government Counsel on the basis of
objection.
Considering the aforesaid factual backdrop and bleak chances of final
hearing in near future, without expressing any conclusive opinion on the merits
of the case, we deem it proper to suspend the remaining jail sentence of
appellant.
Accordingly, I.A. No. 4 of 2024 is allowed.
Subject to depositing the fine amount (if not already deposited), the
remaining jail sentence of this appellant is hereby suspended and it is directed
that appellant - Ghasiram Ahirwar be released on bail on his furnishing a
personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only)
with one solvent surety of the like amount to the satisfaction of the trial Court
with a further direction to appear before the trial Court, Bhopal on
05.04.2024 and also on such other dates as may be fixed by the trial Court in
this regard during the pendency of this appeal.
Certified copy as per Rules.
(SUJOY PAUL) (VIVEK JAIN)
JUDGE JUDGE
Prar
