Madhya Pradesh High Court
Ajay @ Ajju vs The State Of Madhya Pradesh on 11 May, 2022
Author: Satyendra Kumar Singh
1 Cr.A.No.2508/2022
(Ajay @ Ajju and another Vs. State of M.P.)
Indore : Dated 11.5.2022
Shri Virendra Sharma, learned counsel for the appellant No.1.
Shri Mukesh Sharma, learned Govt.Advocate for the
respondent/State.
heard on I.A.No.6516/2022 which is an application filed under
Section 389(1) of Cr.P.C. for suspension of sentence and grant of bail
to appellant no.1 - Ajay @ Ajju.
Appellant has been convicted under Sections 148, 307/149, 450
of IPC and u/S 25(1-B)(B) of Arms Act and sentenced him to undergo
3 months RI with fine of Rs.5,000/-, 7 years RI with fine of
Rs.5,000/-, 3 years R.I. with fine of Rs. 5,000/- and 1 year R.I. with
fine of Rs. 500/- respectively with default stipulations vide judgment
dated 07.03.2022 passed by the 9th Additional Sessions Judge, Ujjain,
District Ujjain in S.T.No.40/2020.
Learned counsel for the appellant referring to the statement of
complainant-Vijay Patel (PW-1) and other injured Bhagat Singh (PW-
5) submits that complainant in para 10 and 11 of his cross-
examination has admitted that at the time of incident, there was dark
and it was not possible to see the assailants. He also admitted that all
the assailants who caused injuries have covered their faces.
Prosecution has not declared Bhagat Singh (PW-5) hostile and,
therefore, his statement cannot be doubted or disbelieved. Learned
counsel for the appellant has pressed into service decision of this
(Ajay @ Ajju and another Vs. State of M.P.)
Division Bench of this Court rendered in the case of Hafiz Khan S/o
Mummukhan Muslim & Ors. Vs. State of M.P. [2000 Cr. L.R.
(M.P.)] 347 in support of his above contention. Moreso, Doctor who
conducted the MLC of complainant and injured Bhagat Singh has not
been examined. Even, then, appellant has been convicted for the
offences mentioned above including Sec 307 of IPC. The co-accused
Vikas, Satyanarayan @ Sattu and Deepak have been enlarged on bail
by this Court. In the aforesaid changed circumstances and on the
ground of parity, prays for suspension of sentence and grant of bail to
appellant.
Learned Govt.Advocate for the respondent-State opposes the
application and prays for its rejection.
Having considered the rival submissions, material pointed out
by learned counsel for the appellant, statement of complainant (PW1)
and injured Bhagat Singh (PW-5) as well as the fact that statement of
Doctor who examined the complainant and injured Bhagat Singh has
not been examined and also considering other evidence produced on
record, the co-accused have been enlarged on bail, this Court is of the
considered opinion that the application for suspension of custodial
sentence deserves to be allowed.
Consequently, I.A. No.6516/2022 is hereby allowed and it is
directed that execution of jail sentence of the appellant no.1 - Ajay @
Ajju shall remain suspended during pendency of this appeal and he
(Ajay @ Ajju and another Vs. State of M.P.)
shall be enlarged on bail subject to furnishing 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 learned Trial Court
and also subject to deposit of the fine amount (if not already
deposited) for appearance before the Registry of this Court on
13.06.2022 and on further dates as may be directed by the Registry in
that regard.
List for final hearing in due course.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.05.12
12:17:19 +05'30'
