Beni Prasad Ahirwar @ Bablu vs The State Of Madhya Pradesh
2024 Latest Caselaw 5496 MP

Madhya Pradesh High Court

Beni Prasad Ahirwar @ Bablu vs The State Of Madhya Pradesh on 22 February, 2024

Author: Achal Kumar Paliwal

Bench: Achal Kumar Paliwal

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 8597 of 2022
                                      (BENI PRASAD AHIRWAR @ BABLU Vs THE STATE OF MADHYA PRADESH)

                          Dated : 22-02-2024
                                Shri Shafiquallah - Advocate for the appellant.

                                Shri Harsh Gupta - Panel Lawyer for the respondent/State.

Heard on I.A.No.1062/2024, first application under Section 389(1) of the Cr.P.C. for suspension sentence and grant of bail to appellants.

The appellant has been convicted under Section 420 read with 120-B of

the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/-, Section 467 read with 120-B of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/-, Section 468 read with 120-B of the IPC and sentenced to undergo R.I. for 5 years with fine of Rs.2,000/- and Section 471 read with 120-B of the IPC and sentenced to undergo R.I. for 10 years with fine of Rs.2,000/-, with default stipulations.

Learned counsel for the appellant after referring to para 56, 59 and 63 of impugned judgment submits that no alleged offence and no role has been attributed to appellant and main accused is principle Tikaram against whom

charge sheet has been filed till today. Appellant is in jail since the date of judgement i.e. 8.9.2022 and before that appellant has also remained custody for substantive period. There is no possibility of early hearing of this appeal and this appeal is of the year 2022. On above grounds, it is prayed that appellant sentence be suspended and he be released on bail.

Learned Panel Lawyer for the respondent/State has opposed the I.A. on the basis of written objections.

I have heard learned counsel for the parties and perused the record.

I have gone through the record of the case, including evidence adduced against appellant and impugned judgement and taking into consideration overall evidence on record, including nature of evidence against appellant and facts mentioned in para 56, 59 and 63 of impugned judgment, I deem it proper to suspend the remaining jail sentence of the appellant. Accordingly, aforesaid I.A. is allowed.

Subject to depositing the fine amount, if not already deposited, the remaining jail sentence of the appellant is hereby suspended and it is directed that the appellant - Beni Prasad Ahirwar @ Bablu be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- (Rupees Fifty Thousand

only) with two solvent sureties of the like amount to the satisfaction of the trial court with a further direction to appear before the concerning trial Court on 25.04.2024 and also on such other dates, as may be fixed by the trial court in this regard during the pendency of this appeal.

List the matter for final hearing in due course.

C. c. as per rules.

(ACHAL KUMAR PALIWAL) JUDGE

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