Madhya Pradesh High Court
Rahul Ahirwar vs The State Of Madhya Pradesh on 7 October, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
1 CRA-3228-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
CRA No. 3228 of 2023
(RAHUL AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 07-10-2025
Shri Prakhar Naveriya, learned counsel for the appellants.
Shri Manas Mani Verma, learned Public Prosecutor for the
respondent/State.
Shri Sukh Nandan Pandey, learned counsel for the objector.
Heard on I.A. No.1753/2025, which is second application under
Section 389(1) of the Cr.P.C. for suspension of sentence and grant of bail to
appellant No.3-Baladeen, S/o Bora Ahirwar.
First application was dismissed on 06/12/2023.
The appellant is aggrieved of the judgment dated 12/01/2023 passed
by the learned 6th Additional Sessions Judge, Chhatarpur (M.P.) in ST
No.18/2021, whereby appellant No.3-Baladeen has been convicted and
sentenced as under:-
Conviction Sentence
Imprisonment in
Section Act Imprisonment Fine
lieu of fine
R.I. for two
452 IPC Rs.2,000/- R.I. for one month
years
147 IPC R.I. for one year - -
148 IPC R.I. for one year - -
Life
302/149 IPC Rs.30,000/- R.I. for two years
imprisonment
Learned counsel for the appellants submits that as per prosecution
2 CRA-3228-2023
story, one Roshani Ahirwar had lodged a report at Police Station Orchha
Road, Distt. Chhatarpur on 21/11/2020 that her father was sitting in his
Kirana shop situated in her house at 3.30 p.m. when villagers namely
Mukesh, Raju, Rahul, Balli, Kallan, Dashrath and Babu came armed with
Lathi, Danda and started beating her father besides abusing him. They
dragged him outside the shop and had beaten him, as a result of which her
father sustained injuries in both the legs and hands. It is alleged that four
years prior to the present incident, there was an altercation with Baladeen
Ahirwar, which resulted in the said incident. On the basis of said report, FIR
registering case Crime No.380/2020 was registered under Sections 147, 148,
149, 452, 294, 323, 307 of IPC.
On death of the victim, Marg No.39/2020 was registered and Section
302 of IPC was added. It is submitted that there are omnibus and general
allegations against appellant No.3-Baladeen whereas, as per the eye witness
account, allegation against appellant No.3-Baladeen is of causing injury with
kicks and fists which is not corroborated medically. There are good chances
of success in appeal. Hence, prayer is made to suspend the remaining jail
sentence of the appellant No.3-Baladeen and to release him on bail.
Shri Nitin Gupta, learned Public Prosecutor supports the impugned
judgment and opposes the prayer for suspension of sentence.
Shri Sukh Nandan Pandey, learned counsel for the objector,
vehemently opposes the aforesaid prayer and submits that since conviction
has been recorded with the aid of Section 148/149 of IPC, therefore, no
3 CRA-3228-2023
indulgence is called for.
After hearing learned counsel for the parties and going through the
record, it has come on record that appellant No.3-Baladeen was not carrying
any Danda and his fractured hand was plated to repair the fracture. Thus,
when these facts are taken into consideration and there appears to be good
chances of success in appeal as far as appellant No.3-Baladeen is concerned,
without commenting on merits of the case, this Court is of the opinion that it
is a fit case to suspend the remaining part of jail sentence of appellant No.3-
Baladeen.
Accordingly, I.A. No.1753/2025 is allowed.
It is directed that on depositing of fine amount, if not already deposited
and on furnishing personal bond to the tune of Rs.50,000/- (Rupees Fifty
Thousand only) with two sureties in the like amount to the satisfaction of the
trial Court for his appearance before the trial Court 22.12.2025 and on all
subsequent dates as may be fixed by the concerned Court, the execution of
remaining part of the jail sentence of appellant No.3-Baladeen shall remain
suspended and he be released on bail till final disposal of this appeal.
C.C. as per rules.
(VIVEK AGARWAL) (AVANINDRA KUMAR SINGH)
JUDGE JUDGE
ts
