Madhya Pradesh High Court
Ajju @ Ajay Singh vs The State Of Madhya Pradesh on 14 March, 2022
Author: Sheel Nagu
The High Court Of Madhya Pradesh
CRA No. 4139 of 2021
(AJJU @ AJAY SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-03-2022
Shri Anil Khare, learned Senior Advocate with Shri Pradeep K. Sharma,
Advocate for appellants.
Shri Naveen Dubey, learned Government Advocate for State.
Shri Rahul Gupta, learned counsel for objector.
I.A. No.12835/2021 first application u/S 389 of Cr.P.C. for suspension of
sentence moved on behalf of appellants Ajju @ Ajay Singh and Vikram Singh
which is taken up and considered alongwith reply of the State.
The appellants indisputably have suffered more than three years of
incarceration.
This criminal appeal assails the judgment dated 05.07.2021 passed in S.T.
No.102/2019 by First Additional Sessions Judge, Narsinghpur whereby appellant
No.1 has been convicted u/S 302, 307/34, 201 of IPC and Section 25(1AA) and 27
of Arms Act and sentenced to undergo life imprisonment with fine of Rs.1,000/-,
R.I. for five years with fine of Rs.500/-, R.I. for three years with fine of Rs.200/-,
R.I. for three years with fine of Rs.1,000/- and R.I. for four years with fine of
Rs.1,000/- with default stipulations whereas appellant No.2 has been convicted u/S
302/34, 307 and 201 of IPC and Section 27 & 30 of Arms Act and sentenced to
undergo life imprisonment with fine of Rs.1,000/-, R.I. for five years with fine of
Rs.500/-, R.I. for three years with fine of Rs.200/-, R.I. for four years with fine of
Rs.1,000/- and R.I. for six months with fine of Rs.500/- with default stipulation.
Learned counsel for State opposed the application and prayed for its
rejection by contending that on the basis of the allegations and the material
available on record, no case for suspension of sentence is made out.
The prosecution story found to be proved is that the appellants had caused
gun shots injuries to the deceased. One of the gun shot injuries caused by Ajju
@Ajay turned out to be fatal whereas the one caused by other appellant Vikram
Signature Not Verified
SAN caused grievous injury to the deceased.
Digitally signed by YOGESH KUMAR
SHIRVASTAVA
Date: 2022.03.14 17:55:02 IST
The Trial Court has returned the findings of conviction based more on
circumstantial evidence than direct evidence.
The prosecution had produced PW-4, PW-8, PW-10 and PW-15 as eye
witnesses, but all inter alia stated that they do not know the appellants and did not
see the assailant due to presence of crowd at the scene of the crime.
Accordingly, prima facie it appears that judgement of conviction and
sentence is based primarily on circumstantial evidence.
Accordingly, without entering into the merits of the matter, this Court is
inclined to grant bail to appellants by way of suspension of sentence. Hence, IA
No.12835/2021 is allowed.
It is directed that jail sentence of appellants Ajju @ Ajay Singh and
Vikram Singh will remain under suspension subject to deposit of fine amount, if
not already deposited, and on furnishing bail bond of Rs.50,000/- (Rupees Fifty
Thousand Only) with two solvent sureties each of the like amount to the
satisfaction of concerned available Magistrate for his appearance before concerned
available Magistrate on 05.05.2022 and on such further dates as may be fixed in
this regard which shall be of frequency not less than once a year.
In case, appellants are found absent on any date fixed by the concerned
available Magistrate, then concerned available Magistrate shall be free to issue and
execute warrant of arrest for securing their presence without first referring the
matter to this Court, provided the Registry of this Court is kept informed.
Learned concerned available Magistrate and the prosecution are directed to
ensure following of Covid-19 precautionary protocol prescribed from time to time
by the Supreme Court, the Central Government as well as the State Government
during release, travel and residence of the appellants during period of suspension
of sentence as a consequence of this order.
A copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(SHEEL NAGU) (MANINDER S BHATTI)
JUDGE JUDGE
Signature Not Verified
SAN YS
Digitally signed by YOGESH KUMAR
SHIRVASTAVA
Date: 2022.03.14 17:55:02 IST
