Ritik Ahirwar @ Neelesh vs The State Of Madhya Pradesh
2025 Latest Caselaw 28 MP

Madhya Pradesh High Court

Ritik Ahirwar @ Neelesh vs The State Of Madhya Pradesh on 1 April, 2025

                                                             1                              CRA-11092-2023
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    CRA No. 11092 of 2023

(RITIK AHIRWAR @ NEELESH AND OTHERS Vs THE STATE OF MADHYA PRADESH )

Dated : 01-04-2025 Shri Vivek Vyas - Advocate for appellant No.3 - Amit Rai. Ms. Ankita Mathur - Public Prosecutor for the State.

Heard on I.A.No.5213 of 2025 , third application under Section 389 of Cr.P.C. for suspension of jail sentence and grant of bail to appellant No.3 - Amit Rai. Earlier applications have been dismissed as withdrawn.,

2. This Criminal Appeal assails the judgment dated 03.08.2023 passed in Sessions Trial No.99/2022 by the Sessions Judge, Vidisha, whereby the appellant has been convicted under Sections 307 and 323 of IPC and sentenced to undergo 5 years RI with fine of Rs.2,000/- and 3 months RI with fine of Rs.500/- respectively with default stipulations.

3. Learned counsel for the appellant submits that trial Court has wrongly convicted the appellant without proper appreciation of facts of the case as well as evidence on record. As per the certificate of custody received from the concerned jail dated 25.03.2025 present appellant Amit Rai has suffered

jail sentence for 2 years 7 months and 23 days which is more than half of the sentence awarded by the learned trial Court. Final hearing of the appeal will take time. Therefore, while placing reliance on the judgments of Hon'ble Apex Court in the case of In Re-Inhuman Conditions In 1382 Prisons on 23.8.2024 in Writ Petition (Civil) No.406/2013, Atul @ Ashutosh vs. State of M.P. decided on 2.2.2024 in Criminal Appeal No.579 of 2024 and

2 CRA-11092-2023 Satender Kumar Antil vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 , he prays for suspension of jail sentence.

4. Per contra, learned counsel for the State opposed the application and prayed for its rejection.

5. Heard learned counsel for the parties and perused the record.

6. In the case of Atul @ Ashutosh (supra) the Hon'ble Apex Court has held that when there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted.

7. In the case of In Re-Inhuman Conditions In 1382 Prisons (supra) the Hon'ble Apex Court has held that benefit of Section 479 of BNSS would also extend in pending cases of undertrials irrespective of whether the case was

registered before 01st July, 2024.

8. In case of Satender Kumar Antil (supra) the Hon'ble Apex Court in para 56 & 57 has held as follows :-

"56. A suspension of sentence is an act of keeping the sentence in abeyance, pending the final adjudication. Though delay in taking up the main appeal would certainly be a factor and the benefit available under Section 436-A would also be considered, the courts will have to see the relevant factors including the conviction rendered by the trial court. When it is so apparent that the appeals are not likely to be taken up and disposed of, then the delay would certainly be a factor in favour of the appellant.

57. Thus, we hold that the delay in taking up the main appeal or revision coupled with the benefit conferred under Section 436-A of the Code among other factors ought to be considered for a favourable release on bail."

3 CRA-11092-2023

9. Having considered the ratio of law as laid down in aforesaid cases as well as attending facts and circumstances of the case and also keeping in view the fact that this appeal being of 2023 is not likely to be finally heard in near future, without commenting on merits of the case, I.A.No.5213 of 2025 is hereby allowed. Subject to depositing of fine amount, if not already deposited, and on furnishing personal bond of Rs.1,00,000/- (Rupees One Lac Only) with a solvent surety of the like amount to the satisfaction of the concerned trial Court, the remaining jail sentence of appellant No.3- Amit Rai shall remain suspended and he be released on bail. The appellant is further directed to mark his appearance before the Registry of this Court on 05/05/2025 and on subsequent dates given by the Registry in this regard, till final disposal of this appeal.

C.C. as per Rules.

(RAJENDRA KUMAR VANI) JUDGE

ms/-