Madhya Pradesh High Court
Vishal Ahirwar vs The State Of Madhya Pradesh on 8 February, 2024
Author: Sujoy Paul
Bench: Sujoy Paul
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 12990 of 2023
(VISHAL AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 08-02-2024
Shri M.K. Shrivastava - Advocate for the appellant.
Shri Ayushdeo Bajpai - Government Advocate for the respondent-State
of M.P.
Heard on I.A.No.24428 of 2023 which is first application under Section
389(1) of the Cr.P.C for suspension of sentence and grant of bail to appellant -
Vishal Ahirwar arising out of judgment dated 04.09.2023 delivered in Session
Trial No.1182/2019 passed by Special Court, (NDPS) (24th Additional
Sessions Judge) Bhopal District Bhopal.
The appellant has been convicted under Section 302 of IPC and
sentenced to undergo R.I for Life with fine of Rs.10000/- and under Section
324 (2 counts) of IPC and sentenced to undergo R.I for two years (2 counts)
with fine of Rs.5000/- (2 counts) with default stipulations.
Learned counsel for the appellant while pressing the application for
suspension of sentence of the appellant submits that appellant has undergone
four years and five months of actual jail sentence. As per prosecution version,
the present appellant along with injured witnesses and deceased were sitting
together in a public place and have taken snacks together. When the injured
witness Hemant asked the present appellant to hand over a bottle of water then
the present appellant is said to have abused the injured witness Hemant. This led
to fight between two and in course of fight Hemant, Harsh and Ajay sustained
injuries while deceased Harsh later succumbed to his injuries. Learned counsel
for the appellant submits that the appellant is said to have assaulted the
deceased by means of knife in thigh which is non-vital part of the body and thus
it would make out a case of culpable homicidal amounting to murder. It is
further stated that injured witnesses Hemant and Ajay have not supported the
prosecution version against the present appellant. Even otherwise, the incident
has said to have occurred without any per-meditation or prior animosity or
motive. 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. 24428 of 2023 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 - Vishal 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 District
Bhopal o n 15.04.2024 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
