Azad Ahirwar vs The State Of Madhya Pradesh
2025 Latest Caselaw 8113 MP

Madhya Pradesh High Court

Azad Ahirwar vs The State Of Madhya Pradesh on 17 April, 2025

                                                             1                               CRR-1497-2025
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT GWALIOR
                                                     CRR No. 1497 of 2025
                                            (AZAD AHIRWAR Vs THE STATE OF MADHYA PRADESH )



                          Dated : 17-04-2025
                                Shri Shashwat Rao - Advocate for the petitioner.
                                Shri Dinesh Savita - Public Prosecutor for the respondent/State.

Heard on the question of admission.

2. The revision being arguable is admitted for final hearing.

3. Also heard on I.A.No.7461/2025, an application under Section

397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioner.

4. This revision has been preferred by the petitioner against judgment dated 24.03.2025 passed by Sessions Judge, Datia, District Datia in Criminal Appeal No.72/2024 affirming the judgment dated 13.06.2024 passed by the Nayayadhikari, Gram Nayayalaya, District Datia in Case No.RCT 1415/2018 whereby petitioner has been convicted under Section 354, 323 of IPC and sentenced to undergo one year's R.I., three months' R.I. with fine of Rs.200/- and Rs.100/- respectively, with default stipulations.

5. Learned counsel for the petitioner submits that learned trial Court as well as appellate Court have wrongly convicted the petitioner without appreciating the evidence in right perspective. The petitioner was on bail during trial as well as during appeal, but he did not misuse the liberty so granted. He is in custody since 24.03.2025. Final hearing of the revision will take some time. Under these circumstances, prayed to suspend the jail

2 CRR-1497-2025 sentence and grant of bail to the petitioner.

6. Learned counsel for the State opposed the application and prayed for its rejection.

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

8. Considering the rival submissions of learned counsel for the parties and the attending facts and circumstances of the case, but without expressing any opinion on merits, the application for suspension of sentence is allowed. It is directed that petitioner be released on bail, subject to verification of depositing the amount of fine and on furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court. The petitioner is directed to appear before the Registry of this Court firstly on 13.05.2025 and

thereafter on all other subsequent dates as may be directed by the registry of this Court till final disposal of this revision.

9. Application (I.A.No.7461/2025) stands disposed of. A copy of this order be sent to Court concerned for compliance. Certified copy as per rules.

(RAJENDRA KUMAR VANI) JUDGE

Monika