Madhya Pradesh High Court
Brajesh Ahirwar vs The State Of Madhya Pradesh on 12 March, 2025
1 CRA-1716-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 1716 of 2025
(BRAJESH AHIRWAR Vs THE STATE OF MADHYA PRADESH )
Dated : 12-03-2025
(Heard through Video Conferencing)
Shri D.S.Tomar -Advocate for the appellant.
Mrs.Ankita Mathur - Public Prosecutor for respondent/State.
Heard on the question of admission.
Being arguable, the appeal is admitted for final hearing.
Also heard on I.A.No.3681/2025, first application under Section
389(1) of Cr.P.C. for suspension of remaining jail sentence and grant of bail
on behalf of the appellant- Brajesh Ahirwar.
The appellant stands convicted under Section 326 of IPC and
sentenced to undergo 3 years R.I. with fine of Rs.5,000/- with usual default
stipulation.
Learned counsel for the appellant, while taking exception to this
impugned judgment submits that appellant is innocent and he has been
falsely implicated in this matter. He further submits that this is a case of short
sentence of 3 years. The trial Court has already suspended jail sentence upto
20.03.2025. Learned counsel further submits that in passing judgment of
conviction and sentence serious anomalies and contradictions have been
ignored and judgment suffers from surmises and conjectures. The appeal
being of the year 2025 is not likely to be hearing finally in near future.
Hence, under such circumstances, prayer is made for suspension of jail
sentence and grant of bail.
2 CRA-1716-2025
Per contra, learned Public Prosecutor appearing on behalf of the
respondent/State, while supporting the judgment impugned submits that no
exception can be taken in the matter of suspension of sentence and grant of
bail, regard being had to the nature and the gravity of offence found proved
against the present appellant.
Heard learned counsel for the parties and perused the record.
Considering the aforesaid factual backdrop, all the facts and
circumstances of the case coupled with the fact that possibility of final
hearing of this appeal in near future is bleak and period of incarceration,
without expressing any conclusive opinion on merits, I find it to be a fit case
to suspend the remaining custodial sentence of the appellant.
Accordingly, application is allowed. Subject to deposit of fine amount,
if not already deposited the remaining jail sentence during the pendency of
the appeal is hereby suspended and it is directed that appellant be released on
bail on his furnishing personal bond in sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one solvent surety in the like amount to the satisfaction
of learned trial Court for compliance with following conditions:-
(1) The appellant shall deposit the amount of fine (if not deposited)
forthwith;
(2) The appellant shall appear before the Trial Court on 21/04/2025
and on such further dates as may be directed by the Trial Court;
(3) The appellant shall ensure hearing of the appeal on the date fixed
for such hearing and shall also ensure proper legal representation on his
behalf, on the date notified for hearing.
3 CRA-1716-2025
In case of breach of any of the aforementioned conditions, this order
granting suspension of sentence shall become ineffective. The Trial Court
shall be authorized to grant exemption from attendance to the appellant on
any date, on sufficient cause being shown [Chapter XIII Rule 42 Sub-Rule 2
of the M.P. High Court Rules, 2008].
Where the appellant do not appear on the date of his appearance before
the Trial Court and no sufficient cause for non-appearance is shown, the
Trial Court shall be authorized to issue non-bailable / bailable warrants to
secure his attendance under intimation to the Registry of High Court.
The Trial Court shall also proceed under Section 446 of Cr.P.C. /
Section 491 of BNSS, 2023 against such appellant and his surety without any
reference to this Court and without any impediment of the order granting
bail. [Chapter XIII Rule 42 Sub-Rule 3 of M.P. High Court Rules, 2008].
On arrest / surrender in compliance with the warrant, the appellant
shall be forwarded in custody to undergo sentence of imprisonment under
intimation to the Registry of this Court.
Accordingly, the I.A. stands allowed and disposed off.
List for final hearing in due course.
(BINOD KUMAR DWIVEDI)
JUDGE
Adnan
