Madhya Pradesh High Court

Achchhelal Ahirwar vs The State Of Madhya Pradesh on 7 May, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

                                                               1                             CRA-11652-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                         CRA No. 11652 of 2024
                                          (ACHCHHELAL AHIRWAR Vs THE STATE OF MADHYA PRADESH )



                           Dated : 07-05-2025
                                 Shri Neeraj Shrivastava - Advocate for the appellant.
                                 Shri Amit Pandey - Public Prosecutor for the respondent / State.

Heard on I.A.No.30389 of 2024, an application for condonation of delay in filing the appeal.

For the reasons assigned in the application, the same is allowed. Delay

in filing the appeal is hereby condoned.

Also heard on admission.

The appeal appears to be arguable, hence admitted for final hearing. Record of the trial Court has already been received. Also heard on I.A.No.30393 of 2024 , which is an application under Section 389(1) of the Code of Criminal Procedure read with Section 430(1) of the Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of appellant for suspension of sentence and grant of bail.

The appellant assails the impugned judgment dated 16.07.2024 passed

by Sessions Judge, Sagar in S.T.No.502 of 2023; whereby he has been convicted under Section 326 of the Indian Penal Code and sentenced to R.I. for five years and fine of Rs.3000/- with default stipulation.

It is pointed out that the appellant was in custody during trial for a period of four months and since the date of judgment he is in custody and, therefore, he has undergone total imprisonment of one year and two months

2 CRA-11652-2024 out of total punishment of five years. It is further pointed out that there are contradictions and omissions in the statement of the complainant. It is argued that the injuries which are shown in the FIR by the complainant are exaggerated as the statement of the complainant is read over before this Court to point out the fact that injury no.1 was found to be grievous in nature and injuries nos. 2 and 3 were found to be simple in nature. There is only one eye-witness to the incident and there are material contradictions and omissions in his statement and to certain extent he has not supported the prosecution story. There are no criminal past of the appellant and he is the first offender. Final hearing of this appeal is not possible in near future. Appellant is ready to abide by all the terms and conditions that may be imposed by this Court while considering the application for suspension of

sentence. Hence, the instant application has been filed for suspension of sentence and grant of bail.

Per contra, learned counsel for the State has vehemently opposed the application for suspension of sentence and grant of bail pointing out the fact that there are specific allegations of inflicting injuries by means of knife on the present appellant and there is recovery of knife from the possession of the appellant. Three injuries were said to be inflicted by the present appellant, which are medically corroborated. Looking to the custody period of the appellant, he prays for rejection of the application for suspension of sentence and grant of bail.

Considering overall facts and circumstances of the case, coupled with the fact that appellant has already undergone custody of one year and two

3 CRA-11652-2024 months out of total imprisonment of five years and there is no likelihood of early disposal of the appeal in near future, this court is inclined to grant bail to appellant by way of suspension of sentence.

Accordingly, I.A.No.30393 of 2024 is allowed and it is directed that the remaining jail sentence of the appellant shall remain under suspension subject to the verification of the fact that the amount of fine has been deposited and he is the first offender. The appellant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned for his appearance before the trial Court/concerned Court on 04.09.2025 and thereafter on such other subsequent dates as may be fixed by the Trial Court.

List for final hearing in due course.

Certified copy as per rules.

(VISHAL MISHRA) JUDGE