Ajay Ahuja vs The State Of Madhya Pradesh
2024 Latest Caselaw 5787 MP

Madhya Pradesh High Court

Ajay Ahuja vs The State Of Madhya Pradesh on 26 February, 2024

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 15266 of 2023 (AJAY AHUJA Vs THE STATE OF MADHYA PRADESH)

Dated : 26-02-2024 Shri Manish Datt - Senior Advocate assisted with Shri Mohd. Siddiquee,

learned counsel for the appellant.

Shri A.K. Sharma - Advocate for objector.

Ms. Shanti Tiwari - Panel Lawyer for the State.

Record from Trial Court is received.

Heard on the question of admission.

Admit.

Also heard on I.A No.4527/2024, an application under 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to the appellant.

The appellant has been convicted under Sections 307 of I.P.C and has been sentenced to undergo R.I. for 5 years with fine of Rs.5,000/- with default stipulation.

Learned counsel for the appellant submits that during pendency of this appeal, parties have entered into an amicable settlement and even the statements

of accused as well as complainant have been recorded by Registrar Judicial - II on 19/02/2024 which has also been brought on record and a perusal of the same reflects that without there being any threat, coercion or undue pressure, parties have entered into amicable settlement. Thus taking into consideration the change in circumstances, the present appellant be enlarged on bail. It is contended by the learned counsel that past record of the appellant is unblemished and he has suffered approximately 5 months of incarceration and thus taking into consideration the injuries sustained by the injured which are detailed in

paragraphs 11 & 13 of the judgment, the appellant be enlarged on bail.

Learned counsel for the State has opposed the prayer for suspension of sentence and grant of bail to the appellant while submitting that the judgment is based on the fact that the appellant caused grievous injury on the injured person which ultimately ensued in passing of the judgment of conviction which is being sought to be impugned in the present case, therefore, the present application for suspension of sentence be rejected.

Learned counsel for the objector has no objection if the application for suspension of sentence is allowed.

Considering the submissions and also the facts that the appellant has

suffered approximately 5 months of incarceration as well as the fact that the Registrar Judicial - II has also verified the fact regarding amicable settlement between the parties on 19/02/2024, this Court deems it proper to enlarge the appellant on bail. The I.A. No.4527/2024 is allowed.

I t is directed that the execution of the remaining jail sentence passed against appellant shall remain suspended during pendency of this appeal and they be released on bail subject to depositing fine amount, if not already deposited and upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. fifty thousand only) with one surety in like amount to the satisfaction of the trial Court for their appearance before the trial Court on 02/04/2024 and on such further dates as may be fixed by the trial Court in this regard during the pendency of this appeal.

List the matter for final hearing on 15/04/2024. Certified copy as per rules.

(MANINDER S. BHATTI)

JUDGE Astha

ASTHA SEN 2024.02.26 17:28:28 +05'30'