Ramkali Ahirwar vs The State Of Madhya Pradesh
2024 Latest Caselaw 6546 MP

Madhya Pradesh High Court

Ramkali Ahirwar vs The State Of Madhya Pradesh on 4 March, 2024

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 2318 of 2024
                                           (RAMKALI AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 04-03-2024
                                Shri Siddharth Datt - Advocate for appellant.

                                Shri Vishwa Mohan Bhardwaj - Advocate for respondent.

Heard on admission.

Appeal is admitted for final hearing.

Record of the court below be called for.

2. Appellant has filed I.A. No.4264/2024 an application under Section 389 (1) of Code of Criminal Procedure for suspension of jail sentence.

3. Appellant has been convicted for offence under Sections 7, 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and sentenced to undergo R.I. for four years and R.I. for four years with fine of Rs.1000/ and Rs.1000/- respectively with default stipulations.

4. It is submitted by learned counsel for the appellant that appellant is in jail and there is no likelihood of hearing of appeal in near future. Complainant in the case has turned hostile. Trial Court has committed an error in convicting the

appellant. Considering the same, application for suspension of sentence may be allowed.

5. Learned counsel for the respondent opposed the application.

6. Heard learned counsel for the parties.

7. Apex Court in case of Bhagwan Rama Shinde Gosai and others Vs. State of Gujarat - (1999) 4 SCC 421 has held that when a convicted person is sentenced to a fixed period of sentence and when he files an appeal under any statutory right, suspension of sentence can be considered by the

appellate Court liberally unless there are exceptional circumstances.

8. Considering the aforesaid and the judgment passed by the Apex Court in case of Bhagwan Rama Shinde Gosai and others (supra) and fixed short term of sentence, IA is allowed.

9. It is directed that the custodial sentence awarded to the appellant shall remain suspended during the pendency of this appeal subject to deposit of fine, if not already deposited and she shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his appearance before the Registry of this Court on 13.05.2024 and on such other

dates as may be fixed in this regard till final disposal of this appeal.

List this appeal for final hearing in due course. Certified copy as per rules.

(VISHAL DHAGAT) JUDGE

pn