Madhya Pradesh High Court
Dhaniram Ahirwar vs The State Of Madhya Pradesh on 17 October, 2022
Author: Anjuli Palo
Bench: Anjuli Palo
1 IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR CRA No. 9237 of 2022 (DHANIRAM AHIRWAR AND OTHERS Vs THE STATE OF MADHYA PRADESH) Dated : 17-10-2022 Shri Abhinav Shrivastava, learned counsel for the appellants.
Shri Purushottam Soni, learned Panel Lawyer for the State. Heard on I.A. No.19284/2022, which is first application for suspension of sentence and grant of bail filed on behalf of the appellant.
The appellants have been convicted by the trial Court under Section 294 of IPC and sentenced to undergo SI for 3 months each; under Section 323 r/w 34 (on two counts) of the IPC and sentenced to S.I. for 3-3 months each; under Section 324 r/w 34 of IPC and sentenced to undergo RI for 3 years with fine of Rs.500/- each; under Section 325 r/w 34 (on two counts) of IPC and sentenced to undergo RI for 3-3 years with fine of Rs.500-500/- each and under Section 506-II of IPC and sentenced to undergo RI for 6-6 months with fine of Rs.500- 500/- each with default stipulations.
Learned counsel for the appellants has submitted that maximum sentence awarded to the appellants are 3 years. The trial Court has suspended the jail sentence of the appellants till 27.10.2022. Disposal of this appeal would take considerable time, therefore, jail sentence of the appellants may be suspended and they may be released on bail.
Learned Panel Lawyer has opposed the application for suspension of sentence and grant of bail filed on behalf of the appellants.
Looking to the nature of offence, period of jail sentence awarded to the Signature Not Verified SAN appellants and the fact that co-accused Ramdeen Ahirwar has already been Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.10.17 17:11:46 IST enlarged on bail by this Court vide order dated 14.10.2022 passed in 2 Cr.A.No.9048/2022, I find it to be a fit case to suspend the custodial sentence of the appellants and to release them on bail, therefore, without commencing on the merit of the case, this application is allowed.
I t is directed that subject to depositing the fine amount, if not already deposited and on furnishing a personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court concerned, remaining jail sentence imposed upon appellants namely Dhaniram Ahirwar, Hakkan Ahirwar @ Siyaram Ahirwar and Brijesh Ahirwar shall remain suspended during the pendency of this case and they shall be released on bail.
The appellants shall appear before the Registry on 23.2.2023 and on all such subsequent dates, as may be fixed in this regard during the pendency of this appeal, without fail.
Record be requisitioned.
List for admission along with the record after 8 weeks.
(SMT. ANJULI PALO) JUDGE anu Signature Not Verified SAN Digitally signed by ANUPRIYA SHARMA CHOUBEY Date: 2022.10.17 17:11:46 IST