Ramnarayan @ Billu Ahirwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 6115 MP

Madhya Pradesh High Court

Ramnarayan @ Billu Ahirwar vs The State Of Madhya Pradesh on 28 February, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                                 1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT GWALIOR
                                                          CRA No. 9231 of 2022
                                          (RAMNARAYAN @ BILLU AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                           Dated : 28-02-2024
                                  Mr. Dinesh Singh Tomar - Advocate for the appellant.

                                  Mr. Prabhat Pateriya - Dy. Public Prosecutor for respondent /State.

Heard on I.A. No. 1771 of 2024, which is first application under Section 389 (1) Cr.P.C. for suspension of sentence and grant of bail filed by the appellant.

This Criminal Appeal assails the judgment dated 17.08.2022 passed by

the Sessions Judge, District Vidisha M.P.) in S.T. No.63/2019, whereby, appellant has been convicted and sentenced under section 392/34 of IPC with maximum sentence of five years with maximum fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that the trial Court has erred in convicting the appellant ignoring the fact that the appellant has been named by unknown person who thereafter informed the police that the incident has been done by the appellant. Under these circumstances, prosecution story becomes doubtful. Further submission is that as per prosecution story Rs.15,000/- were

stolen and only Rs.1500/- has been recovered from his possession. Further submission is that the appellant was on bail during trial and never misused the liberty so granted. Further argument is that the appellant has served about one year and ten months of incarceration out of total awarded jail sentence of five years. This appeal is likely to take long time to conclude. Hence, prayer is made to suspend the jail sentence and grant of bail to appellant.

Learned Panel Lawyer for the respondent/State vehemently opposed the

application and prayed for its rejection.

Heard learned counsel for the parties and perused the materials available on record.

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No.1771 of 2024 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellant shall remain suspended and he be released on bail. He is further directed to mark his appearance before the

Office of this Court o n 04.06.2024 and on subsequent dates given by the Office in this regard, till final disposal of this appeal.

List this case for final hearing in due course.

A copy of this order be sent to the concerned Court below for compliance.

Certified copy/ e-copy as per rules/directions.

(SUNITA YADAV) JUDGE

(LJ*)