Ashok @ Lala vs The State Of Madhya Pradesh
2023 Latest Caselaw 17864 MP

                                                             1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       CRA No. 5513 of 2023
                                       (ASHOK @ LALA AND OTHERS Vs THE STATE OF MADHYA PRADESH)

                         Dated : 26-10-2023
                               Shri Z.A.Khan, learned Senior Advocate assisted by Shri R.C.Gangare,

                         counsel for the appellants.
                               Shri Gaurav Singh Chouhan, Dy. Government Advocate for the
                         respondent/State.

Heard on I.A.No. 16137/2023, which is first application filed under

Section 389(1) of the Cr.P.C. for suspension of sentence by appellants No.1 to 4, 6 and 7 who stand convicted vide judgment dated 27.03.2023 passed by the First Additional Sessions Judge, Manasa, District Neemuch (MP) in Session Trial No. 100102/2015 for offence under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 1000/- (each) and Section 201 read with Section 34 of the IPC and sentenced to undergo RI for two years with fine of Rs. 1000/- (each) and default stipulations.

2 . The prosecution case found to be proved is that on 15.08.2015 deceased Ganesh along with the appellants and other co-accused persons had

gone to the hutment (dera) o f one Sunderbai (PW-5) for consuming liquor. Some dispute arose and the accused persons assaulted the deceased Ganesh. Thereafter, they went to Sarsi Road where he was again beaten and Pankaj, Ashok, Vishnu and Karu assaulted with stone on his head due to which he died and his body was thrown on the road to show that it was an accident.

3. Learned counsel for the appellants submits that appellants have been falsely implicated in the case. It is a case of circumstantial evidence. There is neither any evidence of last seen nor any eye witness to the incident. In all, 10 Signature Not Verified Signed by: SREEVIDYA Signing time:

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accused persons have been implicated in the case and convicted solely on the basis of statement of Sampatlal (PW-2) and Sunderbai (PW-5). Sampatlal (PW-2) is the father of the deceased Ganesh who specifically stated that he has not seen the incident but all the 10 accused persons used to live with the deceased. Sunderbai (PW-5) who is the owner of the hutment (dera) where initially the incident took place, also turned hostile. Learned counsel for the appellants further contended that the appellants cannot be convicted solely on the statement recorded under Section 164 of the Cr.P.C. There is no evidence at all on the basis of which it could be said that the accused had actually committed the crime. The chain of evidence is not complete. Final disposal of

this appeal will take considerable time. Further, appellant No.5-Sanjay has already been enlarged on bail by this Court. Therefore, in such circumstances, it is prayed that the jail sentence of appellants be suspended and they be released on bail.

4. Learned counsel for the respondent/State adopts the reply filed in respect of appellant No.5 in I.A.No. 12882/2023 and opposes the prayer for suspension of jail sentence and prays for its rejection.

5. On due consideration of the facts and circumstances of the case, without expressing any opinion on merits of the case, I.A.No. 16137/2023 is allowed and it is directed that upon depositing the fine amount (if not already deposited) and on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety each in the like amount to the satisfaction of the trial court, the substantive jail sentence of appellant No.1 Ashok @ Lala, appellant No.2 Raju, appellant No.3 Lakhan @ Fidda, appellant No.4 Pankaj, appellant No.6 Arvind and appellant No.7 Anil

Signature Not Verified Signed by: SREEVIDYA Signing time:

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shall remain suspended till final disposal of the appeal and they shall be released on bail. They shall appear before the concerned trial Court firstly on 21.12.2023 and on all other subsequent dates, as may be fixed in this behalf by that Court.

Certified copy as per rules.

                            (S. A. DHARMADHIKARI)                                    (PRANAY VERMA)
                                     JUDGE                                               JUDGE

                         vidya




Signature Not Verified
Signed by: SREEVIDYA
Signing time:
10/26/2023 6:30:35 PM