Madhya Pradesh High Court

Chhote Lal Ahirwar vs The State Of Madhya Pradesh on 9 May, 2024

Author: Sunita Yadav

Bench: Sunita Yadav

                                                             1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                      CRA No. 5057 of 2024
                                    (CHHOTE LAL AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                          Dated : 09-05-2024
                                Shri Devendra Choubey - Advocate for appellants.

                                Shri Rohit Shrivastava - Panel Lawyer for respondent/State.

Heard on I.A.No. 8083 of 2024, first application under Section 389 (1) of Cr.P.C. for suspension of sentence and grant of bail to the appellants with an alternative prayer for grant of temporary bail as record has not been received.

The appeal has been preferred by the appellants under Section 374 (2) of

Cr.P.C. against the impugned judgment of conviction and sentence dated 03.04.2024 passed by the Additional Session Judge, Datia, District Datia in S.T. No.19/2019 whereby, the appellants stood convicted under Sections 325/34 of IPC and sentenced to undergo rigorous imprisonment of three years with fine of Rs.5,000/- each with default stipulations.

Learned counsel for the appellant submits that the trial Court has wrongly convicted the appellants without proper appreciation of facts of the case. The jail sentence of appellants was already suspended by learned Trial Court. Appellants were on bail during trial and they did not misuse the liberty so

granted. Hence, prayed to suspend the jail sentence and grant of bail to the appellants.

Per contra, learned Panel Lawyer for respondent/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, it is directed that subject to depositing of fine amount, if not already deposited, and on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of the appellants shall remain temporarily suspended for a period of three months from today and they be released on bail.

List the case on 28.05.2024.

Meanwhile, Registry is directed to call the record of the Court below. 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

AK/-