Madhya Pradesh High Court

Mukesh Ahirwar vs The State Of Madhya Pradesh on 6 May, 2024

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                        CRA No. 5532 of 2024
                                             (MUKESH AHIRWAR Vs THE STATE OF MADHYA PRADESH)

                          Dated : 06-05-2024
                                 Shri D. S. Rajawat, learned counsel for the appellant.

                                 Shri Ramadhar Choudey, learned Government Advocate for the
                          respondent/State.

Heard on the question of admission.

Admit.

Record of the trial Court be called for.

Also heard on I.A. No. 8954 of 2024, which is first application under Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail moved on behalf of the appellant.

This Criminal Appeal assails the judgment dated 19.04.2024 passed by the Seventh Additional Sessions Judge/Special Judge, Guna in ST No. 95/2021, whereby appellant has convicted under Section 354(a)1(i) of IPC and sentenced to undergo two years RI with fine of Rs. 500/-, with default stipulation Learned counsel for the appellant submits that the trial Court has wrongly

been convicted the appellant without appreciating the evidence available on record. There are material omissions and contradictions in the statements of the prosecution witnesses. The sentence of the appellant has already been suspended by the trial Court till 19.5.2024. Final hearing of the appeal is likely to take time. Hence, prayer is made to suspend the jail sentence and grant of bail to the appellant.

Counsel for the State vehemently opposed the application and prayed for

its rejection.

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

Considering the arguments advanced by learned counsel for the parties, without commenting on merits of the case, I.A. No. 8954 of 2024, is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.60,000/- (Rupees Sixty 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

Registry of this Court on 10.09.2024 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

List the case for final hearing in due course. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Ahmad