Madhya Pradesh High Court
Shankar Ahirwar vs The State Of Madhya Pradesh on 31 May, 2024
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRR No. 1119 of 2024
(SHANKAR AHIRWAR Vs THE STATE OF MADHYA PRADESH)
Dated : 31-05-2024
Shri Rajkamal Chaturvedi - Advocate for the applicant.
Shri Manoj Kushwaha - Panel Lawyer for the respondent/State.
Heard on I.A.No.6105/2024, an application under Section 397 of Cr.P.C
for suspension of jail sentence and grant of bail pending the revision.
T h e applicant has been convicted for commission of offence under
Section 325/34 of IPC and has been sentenced to undergo R.I. for one year &
to pay fine of Rs.1,000/- with default stipulation vide judgment dated
23.08.2022 passed by the learned Judicial Magistrate First Class, Link Court,
Buxwaha, District Chhatarpur (MP) in Criminal Case No.09/2018 (State of M.P.
Vs. Shankar Ahirwar). An appeal was preferred by the applicant challenging
the judgment of conviction and order of sentence, but learned Ist Additional
Sessions Judge, Bijawar, Chhatarpur (MP) vide judgment dated 29.02.2024
passed in Criminal Appeal No.32/2022 (Shankar Ahirwar Vs. State of MP) has
partly allowed the appeal upholding the conviction of the applicant, but
modified the sentence by reducing it from one year RI to six months RI &
enhancing the fine amount from Rs.1,000/- to Rs.2,000/-
Learned counsel for the applicant has submitted that applicant has been
erroneously convicted by Courts below as they have not properly appreciated
the evidence of prosecution witnesses and material on record. It is submitted
that evidence of prosecution witnesses is full of omissions and contradictions
and such omissions and contradictions have not been considered in right
perspective by the learned trial Court. There is no legal and admissible evidence
against the applicant. Applicant has fair chances to succeed in appeal. It is also
submitted that he has already undergone three months actual incarceration and
from tomorrow onwards, summer vacation is commenced. There is no
possibility of coming of this revision petition for hearing in near future.
Therefore, if the execution of jail sentence of applicant is not suspended, the
purpose of filing this revision petition would become futile. The applicant is
ready to furnish adequate surety and shall abide by all the terms and conditions
imposed by the Court. Thus, it is prayed that custodial jail sentence of the
applicant may be suspended and he be released on bail.
On the other hand, learned counsel for the respondent has opposed the
prayer for grant of bail.
Having taken into consideration the incarceration period already
undergone by the applicant and the fact that if the execution of jail sentence of
applicant is not suspended, the purpose of filing this revision petition would
become futile, I deem it proper to suspend the remaining jail sentence o f the
applicant, pending the revision petition. Consequently, I.A.No.6105 of 2024 is
allowed.
It is directed that the execution of jail sentence of applicant - Shankar
Ahirwar is hereby suspended subject to depositing the entire fine amount, if
not already deposited. It is directed that the applicant be released on bail on his
furnishing a personal bond to a sum of Rs.50,000/- (Rupees Fifty thousand
only) with one solvent surety of the like amount to the satisfaction of the trial
Court with a further direction to appear before the trial Court on 25.10.2024
and also on such other dates, as may be fixed by that Court in this regard
during the pendency of this appeal.
List the case for final hearing on 01.07.2024.
Certified copy as per rules.
(DINESH KUMAR PALIWAL)
JUDGE
@shish
